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HomeMy WebLinkAboutCC MINUTES 1973 04 16 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 16, 1973 CALL TO ORDER Mayor Miller called the meeting to order at 7:31 p.m. II. PLEDGE OF ,,ALLEGIANCE Led by Councilman Langley. INVOCATION Given by Councilman Woodruff. IV. ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley, Woodruff. Absent: Councilmen: Welsh. Others present:. City Administrator Harry Gill Asst. City Admin.--Comm. Devel. Ken Fleagle City Clerk Ruth Poe Attorney Tully Seymour REORGANIZATION ~ OF COUNCIL Moved by Miller, seconded by Woodruff that the Mayor's seat be vacated. Mayor Miller explained that it had been a privilege and honor to serve the City as Mayor for the past year, but he desired to step down and give others the opportunity to serve. ,., Above motion carried unanimously, Councilman Welsh absent. Councilman Woodruff placed in nomination for Mayor the names of all five City Council Members, Miller, Saltarelli, Langley, Welsh, and Woodruff. Mayor pro tem Saltarelli directed that each Council Member write the name of his choice for Mayor on a slip of paper and give it to the City Clerk. City Clerk Ruth Poe received and counted the ballots, and announced that Mr. Don Saltarelli had been elected Mayor. Mayor Saltarelli directed that Council Members write on slips of paper their choices for Mayor pro tempore. He then collected and counted the votes, and announced that Mr. Joseph B. Langley had been chosen May~r pro tempore. Mayor Saltarelli then introduced Mr. Tully Seymour, Attorney, who attended the meeting in place of City Attorney James Rourke, who was recuperating from surgery. PUBLIC HEARINGS NONE. VI. PUBLIC CONCERNS NONE. VII. CONSENT CALENDAR (See next page) City Council Minutes 4/16/73 Page 2 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES April 2, 1973, meeting. 2. RATIFICATION OF DEMANDS in amount Of $186,517.85. 3. AMENDMENT TO PAYING AGENT AGREEMENT BETWEEN THE CITY AND THE BANK OF AMERICA. Approval of amendment, as recommended by the staff. 4. RIGHT-OF-WAY EASEMENT DEEDS AND AGREEMENTS First Street AHFP Project #604. Acceptance of deed and authorization for Mayor and City Clerk to execute agreement, as recom- mended by the City Engineer. 5. CLOSURE OF MOULTON PARKWAY EAST OF RED HILL. Authorization for the closure of.Moulton Parkway at the east side of Red Hill Avenue, as reCom- mended by the Assistant City Engineer° 6. CENTER MEDIANS ON 17TH STREET BETWEEN CARROLL WAY AND YORBA NORTH. Acceptance of the work and authorization of payment of $5,259.83, which represents 90% of the final contract and, assuming that no liens or other claims are filed within the next 35 days, payment of the final 10% ($584.43) at that time. Moved by Miller, seconded by Langley that all items on the Consent Calendar be approved. Carried unani- mously, Councilman Welsh absent. OTHER BUSINESS Mayor'Saltarelli announced that Other Business Item ~ No. 2 would be taken out of order and discussed at this time. 2. "B" STREET REALIGNMENT VS. PEPPER TREES After Mr. Gill had summarized action to date on this matter, Councilman Miller proposed a method of saving. the pepper trees and solving the traffic problem at First and "B" Streets without cul-de-saccing "B" Street, which was one of the alternatives proposed in the Assistant City Administrator's April 6th memo to the City Council. Mr. Miller's proposal was that the one-block section of "B" Street between First and Second Streets be made one-way, southbound only. Moved ~y Miller, seconded by Saltarelli that the pepper trees be saved by making "B" Street one-way, southbound, between First and Second Streets, and that First Street be swayed out enough to allow street widening to be accomp!isned while still savingsthe pepper tree. Mayor Salt~relli stated that this course would pre- serve the options of the Council~ but there would be the problem that with the center islands, a left turn onto First could not be made from s~uthbound "B" Street. Mr. Woodruff stated that this solution is fa~ from perfect~ but he would sup~'~ort the moEion because it would guarantee that the First Street ~rejeclL can proceed. City Council Minutes 4/16/73 Page 3 Above motionc~rr!edunanimousl[, Councilmdn Welsh absent. V ~.[I. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 580 An Ordinance of the City of Tustin, California, PREZONING PROPERTY OF ROY DALY ON APPLICATION PZ 73-1 FILED BY THE PLANNING COMMISSION ON ITS OWN MOTION. Prezoning property consisting'of approximately 414 acres with a frontage of approximately 230 feet on the northeasterly side of Mitchell Avenue, and located approximately 1,092 feet southeasterly from the centerline of Red Hill Avenue, from Orange County R-4 District to the City R-3(1900) District, subject to annexation to the City. 2. ORDINANCE NO. 581 ~ An Ordinance of the City of Tustin, State of California, ADDING CHAPTER 25 TO THE TUSTIN CITY CODE, RELATIVE TO CABLE TELEVISION SYSTEMS. Moved by Miller, seconded by Langley that OrdinanCe~ 580 and 581 have second reading by title only. Carried unanimously, Councilman Welsh absent. The secretary read Ordinances 580 and 581 by title. Moved by Miller, seconded by Woodruff that Ordinances 580 and 581 be adopted. Carried. Ayes: Saltarelli, Langley, Miller, Woodruff. Noes: none. Absent: Welsh. IX. ORDINANCES FOR INTRODUCTION NONE. X. RESOLUTIONS 1. RESOLUTION NO. 73-25 A Resolution of the City Council of the City of Tustin OF SUPPORT FOR THE UCI SCHOOL OF MEDICINE ON-CAMPUS TEACHING HOSPITAL. 2. RESOLUTION NO. 73-26 A Resolution of the City Council of the City of Tustin, California, ANNEXING TO THE CITY OF TUSTIN CERTAIN TERRITORY DESCRIBED HEREIN, AND DESIGNATED MITCHELL AVENUE ANNEXATION NO. 79. 3. RESOLUTION NO. 73-28 4. RESOLUTION NO. 73-29 5. RESOLUTION NO. 73-30 ,6. RESOLUTION NO. 73-31 7. RESOLUTION NO. 73-32 All titles are as follows: A Resolution of the City Council of the city of Tustin, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY. REQUIRE, AND ORDERING, THE ACQUISITION BY CONDEMNATION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. City Council Minutes 4/16/73 Page 4 Councilman Miller stated that he would abstain on Resolution NO. 73~25. Mayor Saltarelli stated that he also would like to discuss Resolution No. 73-25 separately. Upon the Mayor's direction, the secretary read Resolutions 73-26, and 73-28, 73-29, 73-30, 73-31 and 73-32, by title. Moved by Woodruff, seconded by Langley. that further reading be waived and that Resolutions 73-26, 73-28, 73-29, 73-30, 73-31 and 73-32 be passed and adopted. Carried. Ayes: Saltaretli, Langley, Miller, Woodruff. Noes: none. Absent: Welsh° The secretary read Resolution No. 73-25 by'title as directed by the Mayor. Mayor Saltarelli stated that a resolution of this nature was unduly controversial for a City not physically affected by that action. It appeared from what he had read that whether or not the facility will be built is primarily in the hands of the State Ways and Means Committee; it is a complex matter in regard to funding, use of the Orange County Medical Center, etc. He did not feel it was an item that the Council should be greatly concerned with. Councilman Woodruff stated that he thought it a fair request to enlist the support of the City, as many intangible benefits accrue to neighboring comK~unities by having a fully rounded university.. Councilman Langley stated that Tustin is part of the Orange County community, and since the University has many students from Tustin, it is appropriate for the City to lend its support and encouragement. Moved by Langley, seconded by Woodruff that further reading be waived and that Resolution No. 73-25 be adopted. Carried. Ayes: Langley, Woodruff. Noes: none. Abstentions: Sattarelli, Miller. Absent: Welsh. XI. OLD BUSINESS 1. APPEAL OF MODIFICATION OF MEREDITH BUILDING PLANS Mr. Fleagle explained that a letter had been received from Mrs. Alfred Theurich, Jr., 17882 Arbolada Way, Tustin (County), appealing the Planning Commission's March 26 decision relative to the modification plans of UP 71-370. The effect of that decision is that- the gross building area will be reduced by 1,327 square feet, and the ground coverage by 25%; this is made possible by increasing building height by six feet. There is no distinguishable difference between the building as originally proposed and as modified. It was the consensus of the Council that discussion of this matter be opened to the public. 'IS:00 p.m~) - Mr. Albert Theurich related some o£ the history of this development, and complained that the entire second story of the first "satellite" building from his house is visible from his bedroom window~ Ue City Council ~*~"~'c ...... 4/16/73 Page presented scale dra~-~injs 7of a cross sectloll of the entire area from 17th Street southerly to Arbolada Way, showing existing and proposed buildings, which illustrated what he termed a visual invasion of privacy, and the relative mass of the Meredith buildings as compared to that of the homes. He requested that the Council reject the Planning Com- mission recommendation to let the center building go to four stories, and investigate the possibility of reducing the buildings nearest to homes to single-story buildings as in the original plans. Mr. Ni!es Koines, 10822 Weston Place, Tustin (County), agreed with these comments, and asked whether an environmental impact statement would be required in conjunction with the issuance of building permits, and stated that he would like to discuss the validity of this zoning with the City Attorney. Mr. Fleagle stated that this use was approved by Use Permit [UP-71-370), subject of public hearings on November 8 and November 22, 1971, and approved by the Planning Commission by ,Resolution on December 13, 1971. Environmental impact report requirements were not applicable to Use Permits and Variances at that time, and are hoe applicable to building permits under guidelines established by the Secretary of the Environmental Protection Agency. Mr. N. Robert Reece, 14031 Matryce .Way, Tustin (County), stated that this pro3ect does not come close to being esthetically compatible with its surroundings. Mr. Eddy Meredith, 305 East Main Street, Tustin, stated that the only change requested is to. have a smaller center building to allow more landscaping, and even if the center building is six feet higher, this is the best course. There being no further comments from the audience, Mayor Saltarelli closed the public portion of the discussion at 8:15 p.m. Councilman Woodruff stated that reducing the build- ing size in terms of land coverage, and increasing the building height by 10% is a worthwhile exchange. Councilman Miller stated that while Mr. Meredith has tried to do the best job he can on the dev~lop- merit, a 10% height increase is a significant one. Mr. Miller moved that the appeal of the decision of the Planning Commission be upheld and than the height of the building remain as originally approved. Motion died for lack of second. Mayor Saltarelli stated that he would prefer to have less bulk and have the building a few feet higher, and agreed that Mr. Meredith has gone far beyond the minimum requirements for landscaping to make the project as good as possible. Moved by Woodruff, seconded by Langley that the in Resolution No. 1331 be upheld. Carried by 3 to 1 vote, Councilman Miller vo~ing no, Councilman Welsh absent. City Council Minutes 4/16/73 Page 6 2. REVISED LAND USE ELEMENT OF THE TUSTIN AREA GENERAL PLAN. Mr. Fleagle gave the background on this matter, and introduced and explained the following Resolution and Ordinance. RESOLUTION NO. 73-27 A Resolution of the City of Tustin, California, ADOPTING A REVISED LAND USE ELEMENT OF THE TUSTIN AREA GENERAL PLAN. ORDINANCE NO. 582 An Ordinance of the City of Tustin, California, REPEALING ORDINANCE NO. 331 ADOPTING THE TUSTIN AREA GENERAL PLAN. Moved by Miller, seconded by Woodruff that further reading be waived and that Resolution No. 73-27 be passed and adopted, and that Ordinance No. 582 be introduced. Carried. Ayes: Saitarelli, Langley, Miller, Woodruff. Noes: none. Absent: Welsh. XII. NEW BUSINESS NONE. XIII. OTHER BUSINESS 1. STREET TREE PROGRAM Moved by Miller, seconded by Langley that the pro- posal of Baumhoefener and Sons, Ltd. r for a qualified evaluation of the condition of treesr methods of prunmng, disease control and general maintenance, at a cost of $475.00, be approved. Carried unani- mously, Councilman Welsh absent. 2. "B" STREET REALIGNMENT VS. PEPPER TREES This item was taken out of order. See page 2. 3. NEWSSTANDS Council discussed the City Attorney's April 5th memo concerning regulation or prohibition of offer- mng for sale of newspapers of the Free Press type. Councilman Miller agreed with Mr. Rourke's opinion, and stated that sale of objectionable material can be curbed by eliminating newsstands on the sidewalk and requesting property owners by letter to not allow sale of these publications in front of their places of business. Moved by Miller, seconded by Woodruff that the staff be directed tc prepare an ordinance, or en- force any exisEing ordinance, that would remove the sale of all newspapers from public sidewalks. Mr. Seymour stated that the City has the right to regulate Lhe location and number of newsstands if it is done on a non-discriminatory basis, and the law is equally applied. Above motion carried unanimousl~ Councilman Welsh absent. City Council Minutes 4/16/73 Page 7 Mayor Saltarel!i directed that th~ staff prepare letters to owners of locations where there are newsstands, requesting them to go along with accepted community standards and not permit sale of objection- able publications in front of their businesses. 4. UNDERGROUNDING OF TELEPHONE LINES, RED HILL/ BRYAN PARK. Mr. Gill commented on the Assistant City Engineer's April llth memo relative to undergrounding of the telephone lines adjacent to the Red Hill/Bryan park site, stating that the Telephone COmpany finds it unfeasible tohang their lines on the existing Edison poles on the north side of Bryan because of their policy not to put aerials across major streets; they would have to go underground across Bryan to come up the Edison pole and then go underground again across Bryan to get back to the south side of the street. Also, the City's share of the costs, $13,000 for trenching and substructures, probably could not be reduced. It is recommended that the money not be allocated for this purpose at this time, and at some time in the future an undergrounding -district may be formed at which time all utility lines can be undergrounded. The Council concurred in this recommendation. 5. TENTATIVE BUDGET, INTERGOVERNMENTAL COORDINATINC COUNCIL. Councilman Woodruff stated that at ~e last meeting of the Intergovernmental Coordinating Council of Orange County, representatives were presented a tentative budget of about $70,000. City councils' comments are being sought by representatives prior to the next meeting of ICC, when a vote on the budget will be taken. Mr. Woodruff recommended that the City's representative'vote to disapprove the $70,000 budget amount as too lavish for a voluntary, cooperative effort between cities and the County, and specifically oppose the $24,000 salary designation for a fulltime executive director. Councilman Miller stated that, to be effective, the ICC should have a fulltime director, but agreed that $24,000 is too high, and recommended that an amount in the $18-20,000 range would be more appropriate. Mayor Saltarelli agreed that there should be full- time director, preferably someone with past city manager experience, to be hired at a figure less than $24,000. The Council concurred in a position opposing a $70,000.budget as too high, and a $40,000 budget figure as more appropriate, and with these guide- lines, the City's delegate can use his best judg- ment in voting. 6. RESOLUTION REQUESTED Councilman Woodruff requested, with Coundil concur- rence, that a resolution be Dreo~ in ~lnnn~ n~ year-round daylight saving time~ to be forwarded" to Congressman Craig Hosmer after its adoption at the next regular Council meeting. City Council Minutes 4/16/73 Page 8 7. CABLE TELEVISION Councilman Woodruff recommended that ,an ordinance supplementing Ordinance 581 relative to Cable Television SystemSt be introduced at the next meeting, covering minimum requirements for con- duits, depth, etc., similar to guidelines pub- lished by the Public Cable Television Authority __ in Orange County. 8. RESPONSE TO PUBLIC COMMENTS Mayor Saltarelli stated that he would like the Council to review the comments received from the public via reply cards included in the Winter edition of "Tustin Today". He was concerned that some of the concerns should be responded to. Mr. Gill stated that all those who included their names and addresses, requesting personal replies, were contacted by letter or telephone in regard to their comments. 9. CONSTRUCTION NOISE Regarding complaints of weekend construction noise, Mr. Gill explained that the Building Official has been directed to advise the superintendent on the Hester project at 17th and Yorba that if construc- tion equipment is used on Sunday again} the operators will be cited. 10. ICE CREAM VENDORS Replying to Councilis questions about regulating the _ loud music from ice cream rending trucks, Mr. Seymou~ stated that he was doubtful about the possibility of trying to eliminate all sales, as it would be difficult to discriminate between milk and other delivery services and that of the ice cream vendors. Limiting their hours of operation might be a possi- bility, however. Mr. Gill was asked to look into thisr as well as the possibility of requiring individual permits for drivers of ice cream trucks. 11. COUNCIL APPOINTMENTS The Council Members were appointed to serve on the following: intergovernmental Coordinating Council . .Saltarelli Langley (Alternate) Orange County Division, League of California Cities .Woodruff Welsh (Alternate) [ Public Agencies Data Systems .Langley Liaison with Chamber of Commerce .Welsh 1976 Bicen~enniat Committee .Welsh Liaison with Youth .Welsh Legislative Liaison .Woodruff (State League), , Mosquzto Abatement Distr~ct .Sattarelli Sanita~-jon D~stricts, District 1 .Saltarelti (Regular) District 7 .Miller ~Active Alternate City Council Minutes 4/16/73 Page 9 Moved by Miller, seconded by Langley that Councilman Clifton C~ Miller be named Active Alternate on Sanitation District No. 7. Carried unanimously, Councilman Welsh absent. (Councilman Miller explained that no minute order is required for appointment of a Regular; the Mayor automatically fills this position). XIV. ADJOURNMENT The Council meeting adjourned at 9:12p.m. to a Personnel Session, then to May 7, 1973. MAYOR