HomeMy WebLinkAboutCC MINUTES 1973 08 20 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
August 20, 1973
CALL TO ORDER Mayor Saltarelli called the meeting to order at
7:32 p.m.
II.
PLEDGE OF
ALLEGIANCE Led by Mayor Saltarelli.
III.
INVOCATION Given by Councilman Miller.
IV.
ROLL CALL Present: Councilmen: Saltarelli, Langley, Miller,
Welsh, Woodruff.
Absent: Councilmen: None.
Others present: City Administrator Harry Gill
Asst. City Admin. - Community
Development Ken Fleagle
City Attorney James Rourke
Secretary Mary Ann Chamberlain
PRESENTATION The Mayor was presented a plaque from the Automobile
Club of Southern California for having no pedestrian
deaths in the last two years. The presentation was
made by Gene Shaw.
PUBLIC
HEARINGS NONE.
VI.
PUBLIC
CONCERNS 1. Mrs. Margaret Byrd, 158 N. "B" Street, Tustin,
complained that the new bus line information
has not been publicized.
Mr. Gill explained that he had informed the
Tustin News but the schedule had not been
printed. Mr. Gill stated that the complete
schedule would be published by the City in
two weeks in "Tustin Today".
2. Mrs. Byrd related that she had heard many com-
plaints regard'ing the absence of bus benches in
the City.
Mayor Saltarelli informed her this matter would
be discussed later in the agenda.
3. Mr. Ed White, Toro Disposal, requested informa-
tion~ ~'s ~o whether~ ~/~e Ho~lthe~ ~D~i spo s at contract
hlad~been acted upon.
Mayor Saltarelli informed Mr. White that it had
not been placed on the agenda but would probably
be discussed under Other Business.
4. Mr. William Redline informed the Council that
he felt the .Planning Director was imposing un-
reasonable ~_~n~d~upon their~use permit appli-
~ cation. Mr. Redline stated five unreasonable
requests and it was explained to him that all
but one item would have to be resolved by the
Development Preview Commission, the other item
would be resolved by the Planning Commission at
their next meeting (August 27, 1973).
City Council Minutes
8/20/73 Page 2
VII.
CONSENT
CALENDAR 1. APPROVAL OF MINUTES - August 6, 1973.
2. RATIFICATION OF DEMANDS - in the amount of
$379,974.04
3. EL MODENA-IRVINE CHANNEL
(Holt Avenue from Irvine Boulevard to
900 feet northerly)
Approval of plans for covering E1 Modena-
Irvine Channeladjacent to Best Years Project
(PZ 72-138) as recommended by the City Engineer.
4. TRACT 7332
(North of~rvine Blvd. between "B" Street
and Prospect Avenue--Andrews Construction Co.)
Final acceptance of Tract 7332 in its entirety
and authorization for refund of $4,000 cash
bond to Andrews Construction Co~, Inc., as
recommended by the City Engineer.
5. FINAL MAP OF TRACT NO. 8029
(Unit No. 2 of LaurelwoodTownhomes)
Approval of Final Map of Tract 8029 and auth-
orization for execution of Agreements and Bonds
subject to conditions as recommended by the
City Engineer.
6. FINAL MAP OF TRACT NO. 8301
(East side of Yorba Street, approximately
600 feet north of 17th Street)
Approval of Final Map of Tract No. 8301 and
authorization for execution of Agreements and
Bonds as recommended by the City Engineer.
Moved by WoodrUff, seconded by Langley that all
items on the Consent Calendar be approved. Carried
unanimously.
(NOTE: Minutes later amended. See page 9.)
VIII.
ORDINANCES
FOR
ADOPTION 1. ORDINANCE NO. 590
An Ordinance of the City of Tustin, California,
AMENDING THE TUSTIN CITY CODE RELATIVE TO
BUSINESS LICENSE FEES.
2. ORDINANCE NO. 591
An Ordinance of the City of Tustin, California,
AMENDING THE TUSTIN CITY CODE RELATIVE TO THE
CONSTRUCTION AND ABANDONMENT OF WATER WELLS.
3. ORDINANCE NO. 593
An Ordinance of the City of Tustin, California,
AMENDING THE TUSTIN CITY CODE RELATIVE TO THE
ISSUANCE OF PERMITS FOR THE REGULATIONS APPLI-
CABLE TO FOOD HANDLING ESTABLISHMENTS AND PRO-
VIDING A PENALTY FOR THE VIOLATION THEREOF.
City Council Minutes
8/20/73 Page 3
4. ORDINANCE NO. 594
An Ordinance of the City.of Tustin, California,
AMENDING THE TUSTIN CITY CODE RELATIVE TO
WAITERS, WAITRESSES, ENTERTAINERS AND PERFORMERS.
~'~ 5. ORDINANCE NO. 595
i An Ordinance of the City of Tustin, California,
I_ REZONING PROPERTY ON APPLICATION NO. ZC 73-4
OF INDUSTRIAL AFFILIATES.
(Rezoning property located on the southeasterly
intersection of Sixth Street and "B" Street,
from C-2-P to PM (Planned Industrial) for the
purpose of authorizing the construction of an
industrial office complex.)
Moved by Welsh, seconded by Miller that Ordinances
590,591, 593, 594', and 595 have second reading by
title only. Carried unanimously.
The secretary read Ordinances 590,591, 593,594 and
595 by title.
Moved by Welsh, seconded by Woodruff that Ordinances
590~ 591~ 593,594 and 595 be adopted. Carried.
Ayes: Saltarelli, Langley/<Miller, Welsh, Woodruff.
Noes: none. Absent: none.
IX.
ORDINANCES
FOR
INTRODUCTION 1. ORDINANCE NO. 597
An Ordinance of the City of Tustin, California,
AMENDING CHAPTER 25 OF THE TUSTIN CITY CODE
RELATIVE TO CABLE TELEVISION SYSTEMS.
Mr. Fl~a~le informed the Council that Community
Cablevision Company has installed Cable TV to Tracts
7954,~8029and 8033. The City Attorney has prepared
an urgency ordinance that would enable them to pro-
ceed with temporary service and assure service for
these tracts. At this time Community Cablevision
is not willing to bid on the franchise service for
the City of Tustin.
Councilman Woodruff questioned staff why this company
does not want to bid for the City franchise.
Mr. Gill explained that they now provide Cable TV
for the cities of Irvine and Newport Beach and do
not want to serve such a large area.' Mr. Gill
further informed that the pUrpoSe of this ordinance
is for Community Cablevision to be able to provide
service for these tracts until Tustin awards a
franchise.
Councilman Woodruff questioned staff if the cable
had already been laid. Mr. Gill answered that the
cable was being laid as the new streets were being
put in.
Moved by Miller, seconded by Welsh that the secretary
read Ordinance No. 597 by title-only. Carried unani-
mously.
City Council Minutes
8/20/73 Page 4
The secretary read Ordinance No. 597 by title.
Councilman Woodruff commented that he feels the City
is going to have trouble getting bids for the franchise
because of all the County islands. Councilman Woodruff
stated that he could not understand if Community
Cablevision developed the service why wouldn't
they want to continue the service. Mr. Gill explained
that ~his ordinance is only for immed~'~ service
and not long range.
Mr. Gene Moon, representative of Community Cablevision,
explained that all they are trying to do is provide
temporary service until the City awards the franchise.
Mr. Moon informed the Council that the system is
built to FCC regulations and the cable will last
indefinitely. This system is very close to the City's
specifications and can be attached to another system
when that time comes.
After being questioned why Tustin Meadows did not
have Cable TV, Mr. Moon answered that at that time
their company requested the Irvine Company to lay
cable TV but the Irvine Company refused them. At
this time, it would not be profitable to lay cable
from University Park to Tustin Meadows.
Councilman Woodruff questioned Mr. Moon what wo~ld
happen after three years if the City did not have
a franchise. Mr. Moon answered that they would still
service the area in question.
Mr. Rourke informed the Council that under FCC regula-
tions, Community Cablevision has to continue to pro-
vide service and therefore no bonds would be necessary.
After~.S®me discussion, it was the consensus of
the Council that a bond should be imposed, and
~lso that %he_franChise-sho~/ldlbe~ineeffect for
fifteen years, ratheF~ ~ha~ '~hre~"r~s presently
written in the~ordinahce.~
Mr. Gill commen~ed~that~the~ had to put ~ stop_
W.~r~-.~Order~Qn "them
Councilman Welsh stated that in view of the
~ilemma,~we should now stop the stop work order.
Moved b~ W~lsh seconded,b~ Mill~r--t~at Ordinance
No. 597~, 'with ~han~es interpolated.as discussed
above p~aining to-a bond~nd ~he ~uration
~be= ~franchise, be introduced. ~ _Carried. '~ Ayes:
Saltare!li, _~ang~ey, Mil
WOodruff. .~sent: none.
C~s~eration of, adoption
an urgency measure was deferred to later in the
meeting, to~ petit the ~City Attorney t~ekto .pre~
pare~the ch~nges~desi~nated by the-eity Council
(See page 8. )
City Council Minutes
8/20/73 Page 5
RESOLUTIONS 1. RESOLUTION NO. 73-57
A Resolution of the City Council of the City
of Tustin, California, APPOINTING MEMBERS OF
THE DEVELOPMENT PREVIEW BOARD OF APPEALS AND
DETERMINING AND FIXING COMPENSATION THEREOF.
Mayor Saltarelli questioned staff if it was necessary
to fix the members of the ~oard of Appeals at this
time.
Mr. Fleagle replied that the Council could act on
this Resolution at their next meeting.
Resolution No. 73-58 was continued to the next
meeting.
XI.
OLD
BUSINESS NONE.
XII.
NEW
BUSINESS 1. AWARD OF CONTRACT - CONSTRUCTION OF THE TUSTIN
CITY HALL AND RELATED SITE
WORK
Mr. Gill informed the Council that the bids for Civic
Center construction were opened August 16, 1973, and
the results are enclosed. They were as follows (base
bids only):
J.A~ Stewart Construction,
Westminster ... $1,063,185
Klein Contractors, Anaheim . . . 1,090,911
Coastate General Contractors,
Long Beach 1,094,900
Harvey A. Nichols Co.,
Los Angeles 1,130,000
Near-Cal Corp., Anaheim 1,132,921
Mallcraft, Inc., Montrose 1,188,000
Councilman Miller commented that with the rising
prices of lumber, etc., he felt this was an excel-
lent bid.
Moved by Miller, seconded by Welsh that the contract
for construction of the Tustin City Hall and related
site work be awarded to the low bidder, J. A. Stewart
Construction Company of westminster, for the base bid
in the amount of $1,063,185. Carried unanimously.
2. AWARD OF CONTRACT - BUILDING DEMOLITION AND
REMOVAL ALONG FIRST STREET BETWEEN NEWPORT
FREEWAY AND PROSPECT AVENUE, AHFP PROJECT
NO. 604 AND NO. 649.
Mr. Gill informed the Council that the bids were
opened at 11:00 a.m. on Aggust 20, 1973, and the
results are enclosed. They were as follows:
Aiden G, Slaybaugh,l=~Santa Ana $ 5,990.00
Charlie R. Gann, Harbor City . 7,300.00
Manness Excavating & Grading, Paramount 8,980.00
Fowler Equipment of Orange . 8,985.00
Roger Roy, Chatsworth 9,500.00
Kennedy Landclearing, Fullerton 10,863.00
Hintz Wrecking Co., Burbank 10,910.00
City Council Minutes
8/20/73 Page 6
Mead House Wrecking Co., Bradbury . $10,420.00
Viking Landclearing, San Fernando 13,582.00
K.B.J. Engineering, Inc., Garden Grove 16,703.00
Moved by Miller, seconded by Welsh that contract
for Building Demolition and Removal along First
Street between Newport Freeway and Prospect Avenue,
AHFP Project No. 604 and No. 649, be awarded to
Aiden G. Slaybaugh of Santa And, in the amount of
$5,990.007 being the lowest and best bidder.
Carried unanimously.
3. a) RESOLUTION NO. 73-58
A Resolution of the City Council of the
City of Tustin FIXING AND DETERMINING THE
AMOUNT OF REVENUE REQUIRED FROM PROPERTY
TAXES TO CARRY ON THE VARIOUS DEPARTMENTS
OF THE CITY OF TUSTIN AND FIXING THE RATE
OF TAXES ON THE TAXABLE PROPERTY WITHIN THE
CITY OF TUSTIN TO CARRY ON THE WORK OF THE
CITY FOR THE FISCAL YEAR 1973-74.
b) ORDINANCE NO. 596
An Ordinance of the City Council of the
City of Tustin, FIXING AND DETERMINING THE
AMOUNT OF REVENUE NECESSARY TO BE RAISED
BY TAXATION UPON THE TAXABLE PROPERTY
WITHIN THE CITY OF TUSTIN AND THE AMOUNT
OF REVENUE NECESSARY TO CARRY ON THE VARI-
OUS DEPARTMENTS OF SAID CITY FOR THE
FISCAL YEAR 1973-74.
CouncilmanMiller stated thathe felt they could take
this advantage to lower the general tax rate from
93.2 to a flat93¢. Councils had previously had the
opportunity to lower the tax rate but had never voted
it down.
Mayor Saltarelli commented that any cut would reduce
the size of the reserve and the budget should have a
comfortable reserve. After discussion among the
CouncilI, Mayor Saltarelli added that it was a good
time to be thrifty and set the general ~ax~r.ate~at~!~
$.932.
Moved by Welsh, seconded by Langley that the general
tax rate be set at $.932. Carried unanimously.
The Mayor directed the Secretary. tO read Resolution
No. 73-58 by title only.
The secretary read Resolution No. 73-58 by title.
Moved~y~i"M~le~ seconded b~We~sh ~hat f~er~read-
ing be~waived~nd~t~a~ResolutionNo,~3~58,~E~xing
and Determining the Amount-=o~R~Ve~ue Required~from
Property Taxes to~i~ On t~r?ious
on'thee Taxable Property ~i~_~heC~ty of Tustin to
Carry end-the WorkofI~e~eity for ~he Fise~i Y~r
sattar~liii~Lan~ie~illeri~-wels~nff~ Noes:
none. Absent: none.
City Council Minutes
8/20/73 Page 7
Moved by Welsh, seconded by Miller that Ordinance
No. 596 have first reading by title only. Carried
unanimously.
The secretary readOrdinanceNo. 1596 by title.
~-~ Moved by Welsh, seconded byMiller that Ordinance
No. 596 be introduced. Carried. Ayes: Saltarelli,
Langley, Miller, Welsh, Woodruff. Noes: none.
' Absent: none.
The Mayor directed the secretary to read Ordinance
No. 596 by title only for the second reading.
The secretary read Ordinance No. 596 by title.
MoVed by Miller, seconded by Welsh that further read-
ing be waived and that Ordinance No. 596, Fixing and
Determining the Amount of Revenue Necessary to be
Raised by Taxation Upon the Taxable Property Within
the City of Tus~in and the Amount of Revenue Neces-
sary to Carry on the Various Departments of Said
City for the Fiscal Year 1973-74, be passed and
adopted as an emergency~ urgency measure to go into
effect immediately upon adoption. Carried. Ayes:
Saltarelli, Langley, Miller, Welsh, Woodruff. Noes:
none. Absent: none.
4. APPROVAL OF CITY PARTICIPATION IN EXTENSION OF
RED HILL STORM DRAIN FROM BARRANCA TO 400 FEET
NORTH OF BELL, IN THE AMOUNT OF $30,000.
Mr. Gill reported that several months ago, the City
app'i'~ for a Federal grant to share in the cost of
a flood control drain, titled the F09 Barranca Chan-
nel E~tension, along Red Hill Avenue. Word has been
received this week that this grant has number one
priority in Orange County and it appears that the
Federal government will participate 50% in the cost
of the drain. Total cost is estimated at $360,000;
therefore, $180,000 would have to be borne by other
agencies. The following is the cost breakdown:
Federal Government $180,000
Irvine Industrial
Complex 60,000
Orange County Flood
Control District 60,000
City of Tustin 30,000
City Of Santa Ana 15,000
Santa Fe Lands 15,000
Mr. Gill informed the Council that Santa Fe Lands
has requested to be dropped from the commitment so
it is requested that the City of Tustin's amount
be increased to $45,000. It was further recommended
that the City send the City Engineer and the Community
Development Director to Seattle to submit the proposal
to the Federal government.
Moved by Saltarelli, seconded by Woodruff that the
City Council approve the expenditure of~approximately
$45,000 as the City's share of the extension of storm
drain on Red Hill Avenue, titled F09 Barranca Channel
Extension, from the unappropriated reserve. Carried
unanimously.
City council Minutes
8/20/73 Page 8
ORDINANCES 1. ORDINANCE N0. 597
FOR
INTRODUCTION An Ordinance of the_City of Tustin, California
(Continued) AMENDING chapter 25 of the tustin city code
relative to cable television systems.
(Continued from page 4.)
The City Attorney offered the following two changes
in this ordinance, based on the desires of the City
Council. Section t.c) was changed to read as follows:
"c) This franchise shall be in~for~e~d
effect for fifteen (15) years, and for such
additional periods as-m~y*~be_gran~d?~y~he
City Council, unless sooner terminated as
provided herein."
The following paragraph is added to Section 1:
"The franchisee shall furnish and file
with City a faithful performance bond in the
penal sum?of fifty thousand dollars ($50,000),
guarantee~ng franchisee'srperformance of all
the terms of the franchise, in form satisfac-
tory to the City Attorney."
Moved by Mill~r,~secofid~d~y~'Welsh that Ordinance
No. 597, Amending Chapter 25 of;~the Tustin City
'~'! Code r'~iative to Cable Te~e~i~n Systems, be
passed and adopted as an urgency measure to 9o
into effect immediately upon adDption. Carried.
Ayes: Saltarelli, Langley, Miller, Welsh. Noes:
Woodruff. Absent: none.
2. BUS SERVICE
Mr. Gill informed the Council that he had informed
the Tustin News about the bus service but to date
no publicity had been published. Mr. Gill explained
that in two weeks our quarterly report "Tustin
Today" WOuld carry all the information about the
bus service and inform the residents of Tustin.
The buses will run every half hour on an intra-
County system. Mr. Gill explained that since we
again have bus service and have removed all the
advertising bus benches in the City limits, he has
had requests to replace them.
After some discussion and review of bus bench models,
the Council approved the allocation of funds for
bus benches, and directed staff to investigate this
matter further and prepare a report for a future
meeting.
3. CORRESPONDENCE FROM VERLYN' JENSEN
A letter was received from Mr. Jensen requesting
a replacement on the Orange Count~ Health'Planning
Council. Mayor Saltarelli thanked Mr. Jensen for
doing a fine job and stated that they should make
this a public item for the next meeting to appoint
another representative for the City of Tustin.
4. TELEPHONE FACILITY UNDERGROUNDING
A report from the City Engmneer indicated that the
City has received an estimate of cost of $3,110.00
City Council Minutes
8/20/73 Page 9
from McGuire Construction to install underground
conduits through the intersection of Red Hill
Avenue and Bryan Avenue. It would be an advantage
to install the intersection portion of conduit at
this time to prevent any fut~e~cutting of the
intersection.
Moved by Miller, seconded by Welsh to authorize
the undergrounding of conduit through subject
intersection at a cost of $3,110.00. Carried
unanimous ly.
5. AGREEMENT FOR COUNTY LIBRARY
Mayor Saltarelli complimented the City Attorney
for performing such a fine job on the agreement.
Moved by Saltarelli, seconded by Welsh to authorize
the Mayor and City Clerk to execute the agreement
with the County for the new Library on the Civic
Center site. Carried unanimously.
6. MEREDITH FINANCIAL CENTER
Councilman Welsh commented that he noticed that the
portable restrooms have not been moved.
Mayor Saltarelli stated that he had discussed the
matter with Mr. Meredith~' and that he has elected
not to make any changes.
7. MINUTES AMENDED
Moved by Woodruff, seconded by Langley to reconsider
the Minutes Of the August 6th meeting, and amend
them. Carried unanimously.
Moved by Woodruff, seconded by Langley to amend
the Minutes of the August 6thlmeeting as follows:
(Page 7, Item 11) "...Council directed the Mayor
to prepare correspondence.. ."
changed to read "...Council requested the Mayor..."
Carried unanimously.
8. DEVELOPMENT STANDARDS
Councilman Miller commended Mr. Fleagle on his
clear and concise booklet on Development Standards
for the City, and referred to the correspondence
received from an architectural firm in Newport Beach.
9. RESIGNATION OF COUNCILMAN MILLER
Councilman Miller stated that it is with regret
that he has to resign his Council seat, but has
accepted a position with the University.of Houston.
Mr. Miller commented that he had always been most
interested in the landscaping, street tree pro-
gram, and center islands, and was sure these pro-
grams will make the City a more pleasant place to
live. ~
Mayor Saltarelli expressed his regrets with the
resignation, and informed the public that Mr. Miller
would most definitely be missed. Mayor Saltarelli
City Council Minutes
8/20/73 Page 10
informed that Mr. Miller had served on the Mos-
quito Abatement District, the League of California
Cities, and the Sanitation District, and is pre-
sently the Chairman of the Local Agency Formation
Commission.
Moved by Saltarelli, seconded by Woodruff to
regretfully accept Councilman Miller ' s resignation
and direct staff to prepare a proclamation and
plaque. Carried b~ 4-0 vote; Councilman Miller
abstaining.
Mrs. Agnes Bacon, 140 Mountain View, Tustin,
commented that she had been closely associated
with 'Councilman Miller, and always had admired
his enthusiasm.
10. AYRES ELEVATIONS
Councilman Langley stated his concern pertaining
to the roofs of the Peppertree Homes that were
built as tile on the front side and asphalt on the
back side. Councilman Langley questioned staff
whether they had been approved.
Mr. Fleagle explained that the Dev"elopment Preview
Commissioners had examined the models on the site
and approved them without realizing that one par-
ticular model had two different roofs on it. The
Development Preview Commission was informed that
Ayres cannot correct this problem now because the
structure cannot take the added weight of the
tiles, but instead will hide the rear roofs with
additional trees.
Mr. Fleagle added that the Commission voted unani-
mously to require the submittal of elevations,
both front and rear, prior to any further considera-
tion of any other items relating to the Ayres
development, and prior to any building permits
being issued for additional construction of these
home s.
11. CABLE T.V.
Councilman Woodruff requested that staff prepare
a more detailed report of the progress between
the City and Community Cablevision Company.
Councilman Woodruff also requested information per-
taining to what Community Cablevision has in mind
for other areas around Peppertree and Laurelwood
and the possibility of including Tustin Meadows
and Summerfield homes in the Cable T.V.system.
12. HOLTHE DISPOSAL RATES
Moved. by Miller, seconded by Welsh to approve staff
recommendation of a 5% increase for cost of livin.g
and 5% increase for fuel increases. Carried unanl-
mou sly.
XIV.
ADJOURNMENT The meeting adjourned at approximately 9:45 p.m. to
a Personnel Session and then to Wednesday, September 5,
1973, at 7:30-p.m., in the Civic Ce er Community Bldg.
MAYOR