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HomeMy WebLinkAboutCC MINUTES 1973 01 15 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL January 15, 1973 CALL TO ORDER The meeting was called to order at 7:35 ~.m. by Mayor Miller. II. PLEDGEOF ALLEGIANCE- III. INVOCATION Given by Mayor Miller. ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley, Woodruff. Absent: Councilmen: Welsh. Others present: Harry Gill, City Administrator Ken Fleagle, Asst. City Admin.- Community Development James Rourke, City Attorney Ruth Poe, City Clerk PUBLIC HEARINGS 1. SPECIFIC PLAN - BICYCLE TRAILS AND WAYS A Bicycle Plan for the City of Tustin, in- cluding location, priorities, and development standards. Mr. Fleagle stated that the Planning Commission con- ducted a public hearing on this Specific Plan on September 25, 1972f at which time several County residents protested painting of bike trails and re- stricted parking in front of their homes. The hear- ing was continued to October 24 and November 27 to allow time for receipt and analysis of information on similar plans from other cities In response to impetus from State legislation (Bicycle Recreation and Safety Act of 1971, requiring cities and counties to consider establishment of bike paths and routes in the General Plan, specifically in areas where there are planned or existing schools), the cities of Orange and Santa Ana, the County of Orange, and others cities throughout the State have adopted Bicycle Plans. The Planning Commission, on November 27, 1972, adopted Resolution No. 13D4, recommending to the City Council the adoption of a Bicycle Plan, to be implemented only at such time as economically feasible. Since use of public streets creates problems of safety and elimination of parking where houses face on the,-street, it is recommended that at the time of implementation of this portion of the plan, col- lector streets be used which are abutted by side or rear lots. Also, the system should be a Saturday/ ' Sunday designation because of the recreational rather than transportational character of bicycling in this area. In considerati'on of safety, the P~rks and Recreation Commission suggested raised markers to clearly distinguish a bicycle lane from a vehi- cular lane. Use of abandoned railroad right-of-way is ~he other portion of the proposed bicycle system. The plan now before the Council is that at such time as there is a demand and justification, and funds are avail- able, the railroad rights-of-way which are abandoned City Counsi] Mjnuto.q 1/15/7.j ~ ~. would be used for recreational purposes to include bicycle lanes; and at such time as full right-of- way Is acquired on collector streets having side and rear lots abutting them, they would be imple- mented as bicycle paths. Mayor. Miller opened the public. portion of the hear- ing at 7:46 p.m. Mr. Richard Edgar, 13622 Loretta Drive, Tustin, ~ember of the Parks and Recreation Commission, con- firmed that the Commission. unanimously approved this plan, and stressed the importance of being committed to a plan, from the standpoints oE, recreation, trans- portation, and safety. He felt that a great number of people would benefit from such a plan. Mr. Jim Sandin, 1781 Riverford Road, Tustin, speaking for thirty of fifty homeowners in his area, objected to the portion of the plan involving Santa Fe Rail- roadright-of-way between Newport and Browning, which abuts his rear property line. A survey of fifty residents in his area indicated approximately 65% opposed the plan, approximately 14% favored it. Opposition was based on: a. Lack of privacy, due to right-of-way elevation higher than the back yards of homes. b. Accessibility for theft and lack of policing ~ capability. c. No provision for funding, and estimated lapse of 10-15 years before need for trails is demonstrated, during which time the area would be unusable and existing problems of weed fires and motorbikes would be perpetuated. d. High cost: estimated $30,000/mile for an eight- foot strip of right-of-way (Santa Fe right-of- way ms 32 feet wide), exclusive of costs for bridging Flood Control channel, traffic control devices at intersections, and actual development of'trails. e. Odor and insect problems related to possible concurrent use of some trails as equestrian and hiking trails. f. Santa Fe right-of-way doesn't constitute a scenic or historic location, as suggested in the Policy Statement of the Plan. g. Devaluation of homes. h. Lack of accessibility from homes or schools in the area. Mr. Sandin's proposed alternative was acquisition of the property by adjacent property owners, and stated that over 70% of adjoining residents indica- ted a willingness to do this. He has retained an attorney to proceed with a title search and possible acquisition of the propeTty. He suggested use of Bryan ~venue as a substitute for the Santa Fe Rail- road right-of-way. Mr. James Newman, Principal, Red Hill Lutheran School, Tustin, stated that the area has been a problem especially with regard to high school youth using the right-of-way as a motorcycle trail. Mayor Miller asked how many in the audience were in agreement with the remarks of Mr. Sandin and Mr. Newman; approximately 15 persons raised their hands. City Council Minutes 1/15/73 Page 3 Mrs. Lois Carr, 13562 Farmington Road, Tustin, spoke in support of the trails system, stating that open space is needed for hiking or biking in safety, and that ad3oining residents could be protected by means of fencing and landscaping, with proper policing preventing use of trails by motorcycles. There being no further comments or objections, ~ayor Miller closed the public portion of the hearing at 7:59 p.m. Councilman Saltarelli stated that these types of ag- gravating situations should be eliminated. The best solution--digging out elevated right-of-way areas~- would be beyond the capability of the City at the time of implementation of the plan. Other possible remedies should be explored for these nuisance areas, whether or not they are included in the Bicycle Plan. Councilman Woodruff agreed with these comments, and was concerned that adjacent residents might be "lulled to sleep" during the ~nterim years before the City or County acquired the right-of-way and developed the trail. He stated that he would probably not approve actual development of the railroad right-of-way if it were to remain as is, but was reluctant to have it removed from the conceptual plan now, as it is the only connection from Newpor~ Avenue to the Irvine Ranch other than major streets. Councilman Langley suggested that there is a possk- bility of the staff making recommendations on solu- tion of the problems, and was opposed to removing this from the bicycle system when the plan is so far from implementation at this time. Mr. Gill suggested that the Council take more time to consider the overall concept of bicycle trails, because of lack of funding and justification at this time. He noted that bicycle trails established in County areas created parking problems, and those on Irvine Boulevard east of City limits are not used by cyclists. Mayor Miller noted patrolling and safety problems inherenE in use of such a strip of railroad right- of-way, isolated between back yards and not visible from the street. Councilman Saltarelli favored eliminating this por- tion if the plan is acted on at this time, in order to allow property owners to gain title to the prop- erty if they so desire. Councilman Langley favored scrutinizing the entire concept of use of railroad right-of-way within the bicycle plan rather than eliminating this particu- lar portion from it, due to problems existing in this and other locations. Mr. Gill Stated his strong concerns about bicycle safety, and said that while railroad.right-of-way may cause surveillance difficulties, striping of street curblines is not really any safer. He urged the Council to give more consideration to-the entire concept before g!vlng credence to a bicycle plan .which is possibly unworkable from a safety stand- point. He added that the County action of marking bicycle paths on Irvine Boulevard and other areas was premature. Moved by Woodruff, seconded by Saltarelli that the public portion of the hearing be re-opened and con- tinued for a period of 60 days (to the March 19, 1973, City Council meeting), t6 permit staff time to re- ceive input from Santa Fe Railroad. Carried unani- mously. Councilman Welsh absent. In reply to questioning, Mr. Edgar stated that the Parks and Recreation Commission would welcome an opportunity to restudy the plan in order to achieve the best possible product, and to possibly engineer solutions to some of the objections raised. He stressed the importance of developing a plan which is in concert with the County's Greenbelt Plan. VI. PUBLIC CONCERNS 1. MR. MILTON E. CURTIS, RE: REVENUE SHARING FUNDS Mr. Milton E. Curtis, 13362 Cromwell Drive, Tustin, inquired about when the Counc{1 will be receiving public input on the use of the City's Revenue Sharing funds. He felt it would be important to discuss this in con]unction with other General Fund surplus and possibly in the context of a tax cut. In response to Councilman Langley's recommendation, Mr~ Curtis agreed to put his ideas on these matters into writing for consideration by the Council. The Council set Monday, January. 29, 1973, 7:30 p.m., in the Council Chamber~ as the time and place for a "town hall"-type public workshop on the matter of expenditure of Revenue Sharing funds. VII. CONSENT ~ CALENDAR 1. APPROVAL OF MINUTES - January 3, 1973 meeting. 2. RATIFICATION OF DEMANDS in amount of $249,456.43 Moved by Woodruff, seconded by Langley that both ltems on the Consent Calendar be approved. Carried unanimously. Councilman Welsh absent. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 565 An Ordinance of the City of Tustin PREZONING PROPERTY OF BEST YEARS, INC., ON APPLICATION NO. P.Z. 72-138. Subject parcel has a frontage of approximately 315 feet on the north side of Irvine Boulevard and lies between the SOuthern Pacific Railroad right-of-way and the Orange County Flood Con- trol Channel. 2. ORDINANCE NO. 568 An Ordinance of the City of Tustin, California, AMENDING TIlE TUSTIN CITY CODE RELATIVE TO THE PLANNING COMMISSION OF THE CITY OF TUSTIN. City Council Minutes 1/15/73 Page 5 Moved by Saltarelli, seconded by Woodruff that Ordinances 565 and 568 have second reading b~; title only. Carried unanimously. The secretary read Ordinances 565 and 568 by title. Moved by Woodruff, seconded by Saltarelli that D'rdinances 565 and 568 be adopted. Carried. Ayes: Miller, Saltarelli, Langley, Woodruff. Noes: none. Absent: Welsh. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 569 An Ordinance of the City of Tustin, California, AMENDING THE MASTER PLAN OF ARTERIAL HIGHWAYS AND THE CIRCULATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN. Moved b~; Saltarelli, Seconded by Langley that Ord- inance No. 569 have first reading by title only. Carried unanimously. Councilman Welsh absent. The secretary read Ordinance No. 569 by title. RESOLUTIONS 1. RESOLUTION NO. 73-6 A Resolution of the City Council of the City of Tustin, California, COMMENDING ORVILLE MYERS. Moved by Saltarelli, seconded by Miller that Resolu- tion No, 73-6 be read in its entirety. Carried unanimous ly o The secretary read Resolution No. 73.6 in full.- Moved by Saltarelli, seconded by Woodruff that Resolution No. 73-6 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, Woodruff. Noes: none. Absent: Welsh. XI. OLD · BUSINESS 1. APPOINTMENT OF MEMBERS TO THE PARKS AND RECREATION COMMISSION. The matter of appointing members to the. Parks and Recreation Commission was deferred to the end of the meeting to allow Councilmen Langley and Woodruff to report to the rest of the Council during Executive Session on interviews of candidates held on January 11. XII. NEW BUSINESS 1. AWARD OF CONTRACT - PARK SITE AT CORNER OF BRYAN AND RED HILL. Moved by Saltarellir seconded by Langley that con-' tract for demolition of park site at corner of Bryan and Red Hill be awarded to the low bidder, Roger Roy General Engineering Contractors, inc., in'the amount ~f $1,800.00. Carried unanimously. Councilman Welsh absenE. City Co~ncil Minutcs 2. APPOINTMENT OF REPRESENTATIVE AND ALTERNATE TO INTERGOVERNMENTAL COUNCIL. The matter of appointment of a representative and alternate to the Intergovernmental Coordinating Council was deferred to the end of the meeting to allow'discussion by the Council during Executive Session. 3. APPROVAL OF FINAL MAP TRACT NO. 7943 Villa Vallerto. Southerly side of Mitchell Avenue, 660 feet easterly of Newport Avenue. Following brief discussion by the Council, it was moved by Woodruff, seconded by Saltarelli that Final Tract Map No. 7943 be approved subject to conditions as set forth in Planning Commission Resolution No. 1310. Carried unanimously. Council- man Welsh absent. ~III. OTHER BUSINESS 1. DPC WORKSHOP The Council designated Monday, January 29, 1973r 6:30 p.m., in the Civic Center Community Building, as the time and place for a workshop with the Devel- opment Preview Commission, as requested by members of that Commission. The purpose of the workshop will be to discuss the role and operations of the Development Preview Commission. The Council commended Mr. Fleagle for his well-done report on the DPC, and requested that the Commissioners receive copies of it prior to the date of the workshop. 2. STREET IMPROVEMENTS ON PROSPECT The CounOil directed that no action be taken at this time on the matter of street Improvements on the west side of Prospect south of First Street, and that the matter be considered at the upcoming budget sessions. 3. LOSS OF STREET TREES The Council discussed the Maintenance Superintendent's January 10, '1973, memo to the City Administrator con- cerning loss of street trees during the December wind- storms. It was the feeling of the Council that the trees should be replaced with trees comparable in size to those destroyed. In reply to Councilman Langley's concerns that root systems and other characteristics be studied to deter- mine which varieties are most weather- and child- resistant, Mr. Richard Edgar stated that the Tree Ordinance adopted in 1965 has been updated twice by the Parks and Recreation Commission based on these types of considerations, but said it might be ap- propriate to re-open the subject if the Council desires. Mayor Miller stated that a good reply to citizens would be that the City intends to replace destroyed or dunaged trees with box trees as soon as they can be budgeted. City Council Minutes 1/15/73 Page 7 4. TUSTIN MEADOWS DRAINAGE The Council discussed the Assistant City Engineer's January 8 memo to the City Administrator concerning Tustin Meadows nuisance water drainage, stating that soil conditions in that area rule out the practical- ity of installing french drains, and requesting direction from the Council as to their desires to have staff proceed with study and cost estimates of an underground drain system. Councilman Saltarelli stated that the cost ($100,000 to $150,000) for an underground drain system is un- realistic in relation to the problem, and that staff time should not be expended to explore a solution whose implementation couldn't be funded. Mayor Miller favored an assessment district procedure wherein those who benefit would pay the costs. Councilman Langley agreed that the ultimate solution would benefit only an isolated area, and suggested that the Tustin Meadows Community Association be notified of the City's findings in this matter and let them look into the possibility of establishing an assessment district if they so desire. 5. YORBA/PACIFIC REALIGNMENT , The Council agreed to re-open the matter of the realignment of Yorba and Pacific Streets, based on input that proposed realignment would have no effect on structure acquisition, particularly with regard to the Tustin Carpets building on the south- west corner of First and Pacific, as the structures must be acquired for the widening of First Street' regardless of whether the intersection is realigned. Moved by Miller, seconded by Langley that the matter of realignment of Yorba and Pacific Streets be scheduled for formal reconsidera~ion, and that residents of Pacific and Myrtle Streets be notified. Carried unanimously. Councilman Welsh absent. 6. MATTERS OF COUNCIL CONCERN a. McCalla Property Councilman Saltarelli stated that he had dis- cussed with the McCallas the matter of acquisi- tion of their property by the City; they indica- ted that they would like to have the City acquire the property as soon as possible and develop the park, except for the portion of the property con- taining their home and two rows of orange trees° This arrangement would allow them to remain on that property until they are deceased or until they decide to terminate the agreement and deed the rest of the property to the City. Councilman Woodruff favored acquiring all 0f the property as quickly as possible because of esca- lating land prices and construction costs, while trying to accommodate the McCallas in terms of their staying on there. Councilman Langley opposed the development of a park around the residence because of hazards created by lack of visibility, and suggested acquisition of the total properEy and leasing it back to the McCallas at a nomlnat fee for a period of time. Councilman Saltarelli stated that the-hazard would be minimized by the complete visibility of the park from the adjacent street. He felt that the City may want to grant a life estate to the McCallas, as offered by the previous Council, and suggested that if the City acquired the site and went on with other park development within the City, the McCallas may decide within a year or two to abandon the property anyway, and the City's objectives will have been ac- complished with little inconvenience to the McCallas. Mayor Miller instructed the staff and City Attorney to meet with the McCallas and come back with a recommendation that is agreeable to both parties. He asked Mr. Saltarelli to advise the McCallas that the City staff will be contacting them or their attorney. During discussion of progress on other park sites, the City Attorney reported that the Mitchell/Utt site acquisition is set for trial in May. In reply tO Mayor Mitler's suggestion that the Parks and Recreation Commission consider appointing an architect to begin design of this park, Mr. Gill stated that he would hesitate to proceed on architectural work until the property · s acquired. With regard to the Red Hill/Bryan Parkr the PERT schedule indicates that develop- ment is running about a month behind, due to unexpected delays such as the problems encount- ered with undergrounding telephone lines. b. Code of Ethics & It was the consensus of the City Council that the current Council policies dealing with Gifts and Gratuities, Conflict of Interest, and Political Activity are adequate and no further development of a Code of Ethics was warranted. The City Attorney was in agreement with this. c. Tarbell Sign Councilman Langley expressed concern about s~gning based on commercial zoning on certain parcels along Irvine Boulevard from Yorba to Holt, which is primarily a professional business district. He stated that the Tarbell building, while professional in character, is "over-s~gned". Moved by Langley, seconded by Woodruff that the staff, in cooperation with the Planning Commis- sion, be directed to review and take necessary actions in reference to professional buildings 5eing eligible for signing to Commercial Zone standards, particularly on Irvine Boulevard. Carried unanimously. Councilman Welsh absent. 7. BUILDING PERMIT VALUATION DATA Moved by Woodruff, seconded by Saltarelli that the Building Official be authorized to implement revised City Council Minutes 1/15/73 Page 9 table of Building Valuation Data for purposes of assessing Building Permit fees, effective March 1, 1973, as recommended by the Building Official. Carried unanimously. Councilman Welsh absent. 8. ABANDONED YORBA SOUTHERLY OF 17TH STREET Following Mr. Fleagle's summary of this matter, it was moved by Miller that the City Council set for hearing the declaration of abandoned Yorba southerl~ of 17th Street as surplus property. The motion died for lack of second. Mr. Gill suggested that a complete review of the matter would be warranted and proposed that a hear- ing be conducted by the Planning Commission as well as by the City Council. Moved by Miller, seconded by Woodruff that a public hearing on the disposition of abandoned Yorba south- erly of 17th Street be conducted by the Planning Commission. Carried unanimously. Councilman Welsh absent. 9. FREEDOM TREE PROJECT Mayor Miller stated that he had been contacted by a .representative of the Tustin Area Woman's Club about their group planting a "Freedom Tree" dedi- cated to POW/MiAs; he suggested that Peppertree Park architects be asked to recommend an appropriate location and variety of tree. Staff was directed to work through the Tustin Area Womanis Club and the Parks and Recreation Department in making ar- rangements for the project. 10. REVISION OF ZONING ORDINANCE Councilman Woodruff requested that the matter of consideration of immediate preparation of a total revision of the Zoning Ordinance be placed on the agenda of the next regular Council meeting. He stated that, due to a number of planning and zoning problems arising from defects in the City's Zoning Ordinance, he would like to see this accomplished and ready for public hearing before the Council in 90 days. He suggested that the staff come back to the Council with recommendations and alternative means of accomplishing this, as well as the possibi- lity of employing a contract planner for thirty days to revise the Ordinance. 11. SUPERVISORIAL DISTRICTS Councilman Saltarelli commented on the "cumbersome and unwise" circumstance of Tustin lying within three Supervisorial Districts. He asked that the staff contact the County to obtain population stat- istics, as there is no possibility of redistricting in the absence of a 5% change ~n population. 12. NEW L.A.F.C.O. CHAIRMAN Mayor Miller was congratulated by his fellow Council- men for having been named Chairman of the Orange County Local Agency Formation Commission. 13. IRWD PIPELINE 'In reply to a question by Councilman Saltarelli, Mr. Gill confirmed that the Irvine Ranch Water District has placed sections of pipe not y~t trenched on Walnut Avenue on City right-of-way as recorded on recently approved tract maps. 14. STATUS OF AWARDS In reply to Councilman Langley, Mr. Gill reported that a proclamation honoring Police Officer Waldron Karp is being reworded for presentation to his family; the Medal of Valor has bee~ received. Chief of Police Glenn Sissel stated that the Medal of Valor would be presented.by the City rather than by the Police Department. Mayor Miller suggested that the matter of presenta- tion be arranged in accordance with the family's wishes. 15. BILLBOARDS Mayor Miller requested that the matter of what can be done about billboards in the City be placed on the agenda of the next regular Council meeting. ADJOURNMENT Moved by Saltarelli, seconded by Langley.that the ~ meeting be adjourned to a Personnel Session to discuss matters of appointment of members to the Parks and Recreation Commission and appointment of a representative and alternate to the Intergovern- mental Coordinating Council. Carried unanimously. ~10:18 p.m.) CALL TO ORDER The meeting reconvened at 10:48 p.m. OLD BUSINESS 1. APPOINTMENT OF MEMBERS TO THE PARKS AND (Continued) RECREATION COMMISSION It was announced that the Mayor had received notice of Mr. George Ritsi's resignation from the Parks and Recreation Commission. Moved by Woodruff, seconded by Langley that Mrs. Barbara Benson be reappointed a Member of the Parks and Recreation Commlssion for a two-year term ending December 31, 1974; and that Mrs. Lcis Carr and Mrs. Linda A. Smith be appointed Members of the Parks and Recreation ComMission. Carried unanimously. Councilman Welsh absent. (It was later determined that Mrs. Carr's term would expire December 31, 1974, and that Mrs. Smith would fill George Ritsi's unexpired term, ending December 31, 1973.) NEW BUSINESS 2. APPOINTMENT OF REPRESENTATIVE AND ALTERNATE (Continued) TO INTERGOVERNMENTAL COUNCIL, AND LEAGUE OF CALIFORNIA CITIES. Following nomination by Councilman Saltarelli, Councilman Woodruff was appointed the City's Representative to the Orange County Intergovernmental Coordinating Council, with Councilman Langley as City Council Minut~s 1/15/73 Page 11 Alternate; Councilman Langley was also appointed the City's Representative to the Orange County Division of the League of California Cities, with Councilman Welsh as Alternate. The Councilmen are currently serving on the follow- ing: Clifton C. M~ller Sanitation Districts Don Saltarelli Public Agencies Data Systems Mosquito Abatement District Joe Langley ... Orange County Division, League of California Cities Intergovernmental Coordinating Council (Alternate) Ralph Welsh 197'6 Bicentennial Co.mmittee Sanitation Districts (Alternate) Orange County Division, League of California Cities (Alternate) Youth Committee (Tustin North Park Area) Liaison with Chamber of Commerce Tom Woodruff IntergoVernmental Coordinating Council XIV. ADJOURNMENT Moved by Langley, seconded by Saltarelli that the meeting be adjourned. Carried unanimously. Council- ~' man WeLsh absent. (10:54 p.m.) MAYOR ~Y ~LERK