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HomeMy WebLinkAboutCC MINUTES 1973 03 19 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL March 19, 1973 I. CALL TO ORDER Mayor Mille~' called the meeting to order at 7:32 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Welsh. III~ INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley, Welsh, Woodruff. Absent: Councilmen: None. Others present: City Administrator Harry Gill Asst. City Admin.-Community Devalopment Ken Pleagle City Attorney James Rourke City Clerk Ruth Poe PUBLIC HEARINGS 1. SPECIFIC PLAN - BICYCLE TRAILS AND WAYS (Continued from January 15, 1973) A bicycle plan for the City of Tustin, including location priorities and develop- ment standards. Mr. Fleagle explained the background of this matter, stating that the hearing was continued from the January 15, 1973, Council meeting to permit time for the staff to receive input from the Santa Fe Railroad. Since then, a letter, dated March 1973, was received from the County Road Commissioner regarding the Countywide bike lane system, and a response was directed to him by the Community Devel- opment Director. Comments have been received from Richard Edgar of the Parks and Recreation Commission regarding the proposed designation of abandoned railroad right-of-way easterly of Newport Avenue. The Santa Fe Railroad has indicated that an regard to their ultimate disposition of abandoned right- of-way, this right-of-way does contain two gas lines, easements, and fee ownership is in the railroad and the Irvine Company upon abandonment. The railroad does not intend to sell the right-of-way to individual property owners because of the requirement for access to service the pipelines. The Orange County Depart- ment of Harbors and Parks has advised that a con- sultant study has been authorized to determine the feasibility of acquisition and development of vacated Southern Pacific Railroad right-of-way; 'the study will consider other easements within the right-of- way and potential problems of invasion of privacy of adjoining lots if the property were to be developed into a trail system. The Planning Commission's recommendation is to designate those areas that are of potential use as bicycle paths, with no commitment to proceed until funds are available and feasibility studies have determined the desirability of the project. Mayor Miller opened the public portion of the hearing at 7:42 p.m. Mr. Robert Greene, 15512-0 Williams Street, Tustin, urged adoption of the plan because of increased 3/13/73 Page 2 popularity of bicycling, and particularly urged use .. o~abandoned railroad right-of-way, stating that no~se, privacy and theft problems would be minimal. Me suggested obtaining matching funds for bicycle path development from Federal and State agencies. Mr. Greene also spoke strongly. in favor of a bicycle safety education program. Mr. James K. Sandin, 17'81 Riverford Road, Tustin, protested use of the Santa Fe right-of-way portion on the basis of open access to adjoining properties for purposes of theft, lack of privacy to homeowners, absence of a real safety advantage, in use of the property for bike trails~ probability of vandalism with or without lighting, and the small fraction of bike riders who would be using it. He suggested use of Bryan Avenue as an alternative as this would benefit a greater number of people. Dr. James Mullen, 14552 Westfall Road, Tustin, an ~rthopedic surgeon with the Navy, stated that bicyclists are at a disadvantage safetywise, because of their using the same right-of-way as motorists. Me gave examples of how injuries to the muscular/ skeletal system affect children, and stated that the plan before the Council is a reasonable way to lessen the probability of occurrence of these types of injuries. MaT. James Neumann, 14426 Silverbrook, Tustin, ~rincipal of Red Hill Lutheran School, cited examples of the ineffectiveness of a bicycle safety program 'held at that school last year, and also mentioned there have been problems with motorcyclists on the railroad right-of-way. Mr. Dick Edgar, 13622 Loretta Drive, Tustin, Member of the Parks and Recreation ConMission, reiterated remarks i~ favor of use of the railroad right-of-way stated in his memo to the Parks and Recreation Director on the subject of Bicycle Paths in Tustin. Mr. H. D. Marlett, 1972 Irvine Boulevard, Tustin, stated that the safety training factor should be emphasized quite strongly. Councilman Langley described the Police Department's ~icycle safety program conducted in cooperation with the schools. Mr. Ronald Dyer, 1282 Olwyn'Drive, Tustin, stated ~hat his properzy backs up to the railroad right-of- way, and said that current use of the right-of-way by motorcycles and motorbikes is causing a noise problem and also poses a danger to bicyclists and pedestrians also using the.property. Mr. Hugh Robinson, 1912 Bent Twig Lane, Tustin, stated that his property is adjacen~ to the railroad right-Of-way and stated that dirt and debris are thrown into his pool over a seven-foot wall, and he expects more damage if the area is opened to more traffic. There being no further comments or objections, Mayor Miller closedllthe. public portion of the hearing at 8:25 p.m. City Council Minutes 3/19/73 Page 3 Moved by Woodruff, seconded by Welsh that the Council accept the recommendations and findings of the Planning Commission as contained in Resolu- tion No. 1304, and approve the Plan for Bicycle Trails and Ways within the Tustin area, and further designate it as part o~ the Open Space- Conservation-Recreation Element of the Tustin Area General Plan. Councilman Saltarelli stated that he is~sympathetic with the views of property owners'abutting the rail- road right-of-way, and said that he would not want to implement that portion of the plan without con- trols which would close entry points at night. Mr. Gill stated that the railroad right-of-way and Flood Control property are in the County, and are posted at Red Hill and enforced by the County. He stated that the motorbike problem seems to have lessened somewhat with these controls. Councilman Woodruff emphasized that this is just a conceptual plan, and while there are existing problems, the railroad right~of-way could be one of the best areas for bicycles in the area, and the possible park on Flood Control District property (as proposed by Dick Edgar) is a good idea. He considered the project worthwhi~e from a safety and recreational standpoint, and urged that this portion not be deleted now, in the interest of long-range conceptual planning. Mayor Miller stated he would support the motion as long as th~ Council is just designating potential areas and not committing itself in any way to pro- ceed in specific locations° Mr. Woodruff stated that this was the intent of the motion. Above motion carried unanimously. 2. PREZONE NO. 73-1, PLANNING COMMISSION INITIATED A prezone change (PZ-73-1) from the Orange County R-4 District to the City of Tustin R-3(1900) District, subject to annexation to the City. Site, consisting of approximately 4.4 acres of land, has a frontage of approximately 230 feet on the northeasterly side of Mitchell Avenue, and is located approximately 1,092 f~et southeasterly from the centerline of Red Hill Avenue. Mr. Fleagle stated that this application was heard by the Council on December 4, 1972, and denied on the basis of isolation of the property from other City properties and the proposed density. The Plan- ning CommiSsion conducted a public hearing on March 17, 1973, and recommended a density of R-3(2000), to accommodate an additional 31 units, for a total of 95 dwelling units. The applicant concurred with the reduction in density, and presented plans showing thirty additional units, for a total of 94 dwelling units, on 4.4 acres. The adjoining properties con- sist of a 71-unit apartment complex and a single- family rcsidence; owners of these properties have consented to annexation, scheduled for hearing by 3/i9/73 Page 4 the Local Agency Formation Commission on April 11, 1973. ~ayor Miller opened the public portion of the hearing at 8:38 p.m. Mr. Gared Smith, Architect, 2843 Westcliff, Newport Beach, stated tha~ the undeveloped property poses an attractive nuisance .for ]uveniles, and was a problep for Mr. Daly's and other multiple-family units in the area. He stated that Mr. Roy Daly, Owner of subject property, was present at this meeting to answer any questions the Council might have. Moved by Saltarelli, seconded by Miller that the public portion of the hearing be closed. Carried unanimously. (8:40 p.m.) Following brief discussion, it was moved by Saltarelli, seconded by Langley that the findings · of the Planning Commission, as contained in Resolu- tion No. 1323, be upheld and that the City Attorney be directed to draft the necessary ordinance. bartied unanimously. VI. PUBLIC CONCERNS 1. ATTORNEY PHILIP EATON, RE: FORMER POLICE EMPLOYEE Mr. Philip Eaton, Attorney, of Silvas and Eaton, ~140 West Santa Ana Boulevard, Santa Ana, represented ,former Tustin Policewoman Linda Briggs, who, he said~ resigned from her position through fraud or duress. He requested that the Council order a hearing con- cerning the status of her resignation, and that attorneys be permitted access to her personnel file. Mr. Eaton maintained that this situation was not covered &n the City's Personnel Rules and Regulations, as there are no grievance procedures therein with regard to resignations. Mr. Rourke stated that there are rules which apply an this situation, and thathe had advised Miss Briggs through her attorney that, prior to any possible hearing by the Council, procedures se~ forth in the Personnel Rules and Regulations should be followed. To date, this has not been done. Moved by Woodruff, and secohded, that the staff ~dvise Linda Briggs and her attorneys to process this matter pursuant to adopted administrative pro- cedures. Carried unanimously. 2. MRS. BARBARA URBANSKI, RE: RETURNING POWS Mrs. Barbara Urbanski, 13732 Ellmar Circle, Santa Ana, proposed that the City support some type of welcome-home activity for returning POWs, and reported that contacts with the Chan~ber of Commerce and the Jaycees indicated their willingness to coordinate with the City on this. The Council discussed timing, including a suggestion for a celebration on Memorial Day, and the makeup of a committee to develop plans. Suggested organizations for participation in the planning were POW/MIA Inter- national, the East Orange County Board of Realtors, City Council Minutes 3/19/73 Page 5 Tustin Area Womanls Club, Veterans' organizations, and Col. Brady of the Marine Corps Air Station (Heli- copter) or his representative, as well as the Chamber of Commerce, the Jaycees, and private citizens. Mrs. Urbanski stated that her sorority, Beta Sigma Phi, would also like to be included in the planning. There was some discussion of honoring all returned Vietnam veterans in the Tustin area, in addition to the POWs. Councilman Langley volunteered to serve as the Council's representative on the committee. 3. MR. PETER M. PARKER, RE: FIRE SERVICE Mr. Peter M. Parker, 13592 Wheeler Place, Tustin, described a fire at a residence next door to his, and his concerns about the response of the Tustin Fire Department. He stated that his concerns were that there is a dispatcher on duty at the Fire Department only 40% of the time, that Tustin will have to increase strength of its engine companies to four-man, rather than the present three-man companies, in order to participate in the SATO concept, and that in case of medical emergencies the time factor is vital and there must be a dis- patcher on duty to receive the c~ll. Mayor Miller invited Mr. Parker to attend the Council meeting the following evening, at which time the Council would fully consider the Fire Chief's report and determine the best alternative for fire service in the City. 4. MR. LEN JONES, RE: PEPPER TREES Mr. Len Jones, 13324 Newport Avenue, Tustin, requested that the Council consider more fully their decision to remove two large pepper trees from the southeast corner of First and "B" Streets in conjunction with the First Street widening project, stating that First Street could be widened twelve feet without removing them. Councilman Saltarelli stated that at least one tree would have to be removed for the widening project, explaining that the City cannot sway the street to save a tree if it would not sway the street to save businesses which are people's livelihoods. RECESS Mayor Miller called a recess at 9:25 p.m. The me~ing reconvened at 9:44 p.mo VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - March 5, 1973 meeting. 2. RATIFICATIONS OF DEMANDS in amount of $155,658.86 3. FINAL MAP TRACT NO. 8088 (AYRES) Approval as recommended by the PlanniNg Comm]ission and staff. Moved by Langley, seconded by Saltarelli that all items on the Consent Calendar be approved. Carried unanimously. 3/19/73 Pag~ 6 VIII. ORDINANCES FOR ADOPTION NONE. IX. ORDINANCES " FOR INTRODUCTION 1. ORDINANCE NO. 574 An Ordinance of the City of Tustin, California, REZONING PROPERTY OF HARRIET O. ENDERLE ON APPLICATION NO. Z.C. 73-1. Changing zone from R-1 to Professional District for property located on the westerly side of Yorba and approximately 727 feet south of Seventeenth Street. 2. ORDINANCE NO. 575 An Ordinance of the City of Tustin, California, REZONING PROPERTY OF HERBERT ZAREMBER ON APPLI- CATION NO. Z.C. 73-2. Zone change from PC-R-3(1750) District to the R-3(1750) District. Site fronts 100 feet on the west side Of Williams Street at the intersection of Alliance, immediately adjacent to Heideman Elementary School, known as 15625 Witliams. 3. ORDINANCE NO. 576 An Ordinance of the City of Tustin, California, REZONING PROPERTY OF THE CITY OF TUSTIN, ON APPLICATION NO. Z.C. 73-3. RezSning property from the R-1 to the P & I District to establish a neighborhood park on a 4.2-acre parcel at the southwesterly intersection of Red Hill and Bryan. 4. ORDINANCE NO. 577 An Ordinance of the City of Tustin, California, AMENDING ORDINANCE NO. 438, AND ESTABLISHING PERIODS DURING WHICH NON-CONFORMING OFF PREMISE SIGNS MAY BE MAINTAINED, AND PROVIDING FOR THEIR REMOVAL THEREAFTER. 5. ORDINANCE NO. 578 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE TAXATION OF PUBLIC UTILITIES. Mayor Miller requested that'Ordinance No. 574 be taken up separately. Moved by Langley, seconded by Woodruff that Ordinances 575,576,577 and 578 have first read- ing by title only. Carried unanimously. The secretary read Ordinances 575, 576, 577 and 578 by title. City Council Minutes 3/19/73 Page 7 Mayor Miller'stated that he was opposed to Ordinance No. 574, but would support a motion ~o read it by title only. Moved by Welsh, seconded by Langle~ that Ordinance No. 574 have first reading by title only.. Carried unanimously. ' The secretary read Ordinance No. 574 by title. RESOLUTIONS 1. RESOLUTION NO. 73-17 A Resolution of the City Council of the City of Tustin, California, ESTABLISHING CERTAIN FEES AND SERVICE CHARGES. In reply to Councilman Woodruff, Mr. Fleagle explained that guidelines adopted by the Planning Commission regarding Environmental Impact Reports provide that the applicant submit an E.I.R. draft, after which the City submits the draft to other agencies and evaluates their comments along with those of the Council, Commissions and staff; the report with all input becomes the final EoI.R. of the City. The proposed $250.00 fee is to cover manhours involved in this preparation, based on the applicant submitting the draft. If, due to the scope of a project, the staff is unable to evaluate the draft, evaluation by a private con- sulting firm would have to be contracted for. Mr. Gill suggested addition of the word "Evaluation" after "Environmental Impact Report", in Section 1 of the Resolution. The Council then discussed the fee for mailing of Planning Commission and City Council Agendas and Minutes, and directed that the following be added: "Council and Planning Agendas Onlyl $10.00/yr. mailed" Moved by Woodruff, seconded by Langley that Resolu- tion No. 73-17 be read by title only. Carried unanimously. The secretary read Resolution No. 73-17 by title. Moved by Langley, seconded by Saltarelli that Resolution No. 73-17 be oassed and adopted. Carried. Ayes: Miller, Saltaretli, Langley, Welsh, Woodruff. Noes: none. Absent: none. 2. RESOLUTION NO. 73-18 A Resolution of the City Council of the .City of Tustin, APPROVING THE PROPOSED FEDERAL AID URBAN STREET SYSTEM FOR THE CITY OF TUSTIN, URBANIZED AREA PORTION DF THE LOS ANGELES-LONG BEACH METROPOLITAN AREA. Moved by Welsh, seconded b~ Miller that Resolution No. 73-18 be read by title only. Carried unanimously. The secretary read Resolution 73-18 by title. Moved by Welsh, seconded by Woodruff that Resolution No. 73-18 be ~assed and adol~ted. Carried. Ayes: Miller, Saltarelti, Langleyl Welsh, Woodruff. C~_{-' Cc,':r -'~' ' ": 3/19/73 Page 8 OLD BUSINESS NONE. XII. NEW BUSINESS 1. DEVELOPMENT STANDARDS--LANDSCAPING AND PARKING Councilman Woodruff stated that he was happy with these standards as compared with previous Develop- ment Preview Commission standards, but asked for an amendment to provide that every project of a commer- cial nature provide for allocated parking spaces for the physically handicapped near the entrance of the facility with handrails and appropriate striping and signing. Discussing Planning COmmission Resolution 1326, the M_a_~y~{ recommended that Section 2, Paragraph D.2 Perx~eter Landscaping, be made more precise in [he last sentence by specifying the required perimeter width. Regarding Paragraph D.4, Irrigation, Mr. Miller stated that there should be a specified valve location accessible to City Maintenance crews in the event they have to water street trees. Paragraph D.5, Off-Street Parking Areas, Subparagraph G.1, should be covered in the Building Code, Mr. Miller said, as drainage and paving are not a matter of design as much as Building Code-type specifications. Councilman Woodruff disagreed on t~e latter point, stating that placing this in the Building Code would freeze the requirements, and a determination of how much aggregate base and asphalt paving is needed in each case mus~ be based on a soils report. The Building Code is designed for structures, and is also difficult to amend as it has to go through the State. ~ayor Mil~er then suggested that this specify a requirement for a certain amount of pavement resistance, subject to a determination in each case of what it will take to achieve that amount of pavement resistance. Council also discussed lack of authority of the City to enforce restricted parking on private property, such as in shopping center parking lots. Replying to the Mayor, Mr. ~leagle stated that Paragraph D.5.H.5 (page 4) ~s ambiguous, and should be reworded to allow that parking area dimensions of 25 feet provide for 90-degree park- ing, and with increased width, two-way traffic would be permitted for 60-degree parking in opposite directions. Mr. Grady Henry, President of the Chamber of Commerce, stated that the developmentsstandards appear to be too rigid and precise, and the pendulum has swung too much in the direction of removmng the discretion of the Development Preview Commission. Mayor Miller inquired about the required width of the landscaped strip between the sidewalk and parking area. City Council Minutes 3/19/73 Page 9 Mr. Fleag,le answered that it would be 15 feet, as stated fn the definition of a setback area, contained in the Zoning Ordinance- Mayor Miller stated that he would like to see this Resolution i'n conjunction with related documents mentioned by Mr. Fleagle. Moved by Woodruff, seconded by Miller that this matter be continued to Ithe first meeting in April. Carried unanimously. XIII. OTHER BUSINESS 1. PUBLIC WORKS YARD A memo dated 3/15/73 from the Community Development Director reported on the Planning Commission hearing on the Use Permit for location of the temporary Public Works yard on the Smith property on Prospect. The Planning Commission meeting was continued to the March 26, 1973, meeting. Mr. Gill stated that there had been a negative response from Mr. Archie Currie to the City's inquiry about possible use of the Elementary School District yard for a temporary City Public Works yard. Mr. Gill felt also that the area would be too small for the City's purposes combined with the School District's operation, and of primary concern would be creation of a shop area for maintenance of City vehicles. Replying to further questioning, Mr. Gill stated that he has not pursued further the matter of a possible ]oint corporation yard for the City and the Tustin Unified School District because the District will not fully know their needs until they get into unified operation on July 1. ~ayor Miller stated that he has heard concern that the City does not really intend to locate the cor- poration yard adjacent to Fire Station No. 2, ahd said that he would like on the next meeting's agenda an appropriate recommendation for authorizing the staff to seek professional advice for the plan- ning of that facility. He said that it might take the School District, once organized, a number of months to make a decision on a joint corporation yard, and it is incumbent oh the City to get started on the permanent corporation yard as soon as pos- sible, and the Council should have some indication of cost whether the City constructs its own facility on the permanent site, or constructs it in conjunc- tion with the School District. In reply to questions, Mr. Gill explained the short- comings of the Lowana Housing area in regard to its possible use as a Maintenance yard. He further explained that the City has always intended to build facilities on property owned, and it is hoped that funds will be budgeted this year for ~rchitec- tural services for the corporation yard. This has not been done to date because the Civic Center Bond issue and the resulting need for Maintenance to vacate its present site at Main and Centennial were not anticipated at budget time last year. City Council Minutes 3/19/73 Page 10 ~ayor Miller suggested moving the office and metal shed on the Smith property to the permanent corpora- tion yard site on Red Hill, and rental of used trailers for the site would afford additional office space. Mr. Gill stated that the permanent site lacks ~s, sewer, and water, and there would be no facility for storage of supplies, etc. Mayor Miller stated that his main concern is that the Maintenance Yard is an industrial use proposed to be located in a residential neighborhood. He wanted assurance that all alternatives have been examined before the Maintenance Yard is moved to the Smith property. 2. CITY FLOAT Moved by Miller, seconded by Saltarelli that the City accept a float from Mr. Bill Sommerville, to be stored at the Public Works yard. Carried unanimously. 3. LIBRARY Councilman Saltarelli recommended that the staff proceed immediately toward reaching agreement with the County on Library construction on the Civic Center site, and said that the City would have better control if the land is leased rather than sold to the County. Moved by Saltarelli, seconded by Welsh that the ~'taff enter into negotiations w~th the County Library for construction of a Branch Library on the Civic Center site, and come back to the Council with a draft agreement. Carried unanimously. 4. SATO FIRE SYSTEM The Council continued this item to the March 20 Regular Adjourned Meeting. Mr. Gill advised the Council of corrections on pages 10 and 19 of Chief Hilton's March 16 report. 5. WARNING DEVICE AT FIRE STATION NO. 2 Councilman Langley requested that staff look into the possibility of equipping fire trucks with louder air horns, and installing a warning light at the exit of>Fire Station No. 2on Red Hill. 6. UNDERGROUND' NEWSPAPERS Mayor Miller asked for the City Attorney's opinion at the next meeting on the ability of the City to do something about the number of undergroundsnewspapers onprivate property. XIV. ADJOURNMENT The meeting was adjourned at 10:52 p.m. to a Personnel Session and then to Regular AdjoUrned Meeting on MarCh20,~!!973~at7:30 p.m. inthe CounCil Chambers.