HomeMy WebLinkAboutCC MINUTES 1973 01 03 MINUTES OF A REGULAR ADJOURNED MEETING
TUSTIN CITY COUNCIL
January 3, 1973
CALL TO ORDER The meeting was called to order by Mayor Miller at
7:36 p.m. an the Civic Center Community Building.
II.
PLEDGE OF
ALLEGIANCE Led by Councilman Welsh.
III.
INVOCATION Given by Councilman Saltarelli.
IV.
ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley',
Welsh, Woodruff
(Woodruff arrived 7:55 p.m.)
Absent: Councilmen: None
Others present: City Administrator Harry Gill
Asst. City Admin.-Comm. Devel.
Ken Fleagle
City Clerk Ruth Poe
City Attorney James Rourke
V.
PUBLIC
HEARINGS 1. PROPOSED AMENDMENT TO THE MASTER PLAN OF
HIGHWAYS DELETING FIRST STREET FROM NEW-
PORT TO RED HILL AVENUES.
Mr. Fleagle summarized the background of this action,
stating that the City Council, on request of First
Street residents, directed the Planning Commission
to conduct a public hearing on the matter of deletion
of First Street from Newport to Red Hill from the
Master Plan of Arterial Highways. The public hear-
ing was held on November 27, 1972, followed by adop-
tion of Resolution No. 1305 recommending approval of
the Amendment to the Master Plan of Arterial Highways.
Mayor Miller opened the public portion of the hearing
at 7:40 p.m.
Mr. Sal Delgado, 13351 White Sands Drive, Tustin,
stated that his greatest concern was for the safety
of families on First Street, and this action toward
restoring the residential character of the street
will be greatly appreciated.
There being no further comments or objections, Mayor
Miller closed the public portion of the hearing at
7:41 p.m.
In reply to questions, Mr. Gill stated khat a traffic
count taken about two months ago ~ndicated that the
traffic volume has decreased by about 300 vehicles
per day, as the result of stop signs being placed at
White Sands and at Charloma.
,Replying to Mrs. Joyce Mowers' (1362 E. First) concerns
about the number of large trucks using that section
of First Street, Mayor Miller said that the City can
post a weight limitation for vehicles on that section
,of the street.
Moved by Saltarelli, seconded by Langley ~hat propose~
Amendment to the Master Plan of Arterial Highways,
deleting First Street from New~Dort to Red Hill,
aD_p/oroved, and that the City Attorney be directed to
prepare the necessary documents. Carried by 3-0 vote;
Councilman Welsh abstaining, Councll~Woodruff absent.
City Council Minutes
1/3/73 Page 2
Mr. Delgado and Mrs. Mowers requested that the
Engineering Department investigate alternative means
'of solving the traffic problem on that section of
First Street and that they be advised of any actions
being considered by the City in this regard.
Mayor Miller stated that the stop signs were a first
step; posting of vehicle weight limitations and pos-
sible other measures might be appropriate, and that
the staff could provide the Council a "shopping list"
of things to consider, including their ramifications
and impact on First Street and other City areas. But
the Council has gone on Tecord as Opposing any action
to block off or cul-de-sac that portion of First
Street.
Councilman Saltarelli agreed, stating that he would
support measures to decrease traffic volume, but not
to cul-de-sac the street. He added that placing stop
signs on arterial highways tends to give pedestrians
a false.sense of security, particularly in this area
where there are still incidents of vehicles running
the stop signs.
The City Administrator was instructed to contact Mr.
Delgado (838-0243) to advise him of any action being
contemplated. Mayor Miller requested that notice of
the stop signs at White Sands and Chartoma be more
plainly marked, to warn drivers'they are coming to
a stop.
PUBLIC
CONCERNS 1. STREET IMPROVEMENTS NEEDED ON PROSPECT
Mr. Nicholas Barletta, 105 S. Prospect, Tustin,
asked whether some action could be taken to eliminate
a jog in the west side of Prospect Avenue south of
First Street, which creates a hazard to traffic
coming into his building on the east side of the
street.
The Council directed that the staff investigate the
feasibility of Chapter 27 action for this location.
2. SIGN ORDINANCE CLARIFICATION
Mr. Nicholas Barletta inquired whether a designation
change from "Cal State" to "Casa Bonita" on the roof
sign above his offices at 105 South Prospect would
require removal of the sign under provisions of the
Sign Ordinance. He explained that the executive
and operational offices of Casa Bonita are located
in the building.
Mr. Fleagle stated that a change in the name of the
company would be an authorized change under the Sign
Ordinance, and the sign would not have to be removed.
VII.
CONSENT
CALENDAR 1. APPROVAL OF MINUTES - December 19 and 20, 1972
2. RATIFICATION OF DEMANDS in amount Of $420,668.63
Moved by Miller, seconded by Langley that both items
on the Consent Calendar be approved. Carried unani-
mously, Councilman Woodruff absent.
City Council Minutes
1/3/73 Page 3
VIII.
ORDINANCES
FOR
ADOPTION 1. ORDINANCE NO. 566
An Ordinance of the City of Tustin, California,
AMENDING THE TUSTIN CITY CODE TO REVISE THE
MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION.
2. ORDINANCE NO. 567
An Ordinance of the City Council of the City of
Tustin, California,' ADOPTING SPECIAL SPEED ZONES
ON CERTAIN STREETS WITHIN THE CITY OF TUSTIN,
CALIFORNIA.
(Councilman Woodruff arrived at this point in the
meeting, 7:55 p.m.)
Moved by Saltarelli, seconded by Welsh that Ordinances
566 and 567 have second reading by title only.
Carried unanimously.
The secretary read Ordinances 566 and 567 by title.
Moved by Langley, seconded by Welsh that Ordinances
566 and 567 be adopted. Carried. Ayes: Miller,
Saltarelti, Langley, Welsh, W'~ruff. Noes: none.
Absent: none°
IX.
ORDINANCES
FOR
INTRODUCTION 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.
Mr. Fleagle. explained the alternative ordinances
prepared by the City Attorney designed to provide
assurance for completion of the total project, com-
mercial and residential. Alternative "A" requires
construction of off-site improvements of the total
parcel at one time, and on-site improvements com-
pleted to such condition that the property will be
a community asset rather than a liability if not
developed with commercial structures. Alternative
"A" also requires the retention of a 1.5 acre parcel
adjacent to the residential portion. All of the
property would have to be graded, planted and main-
tained pending construction of commercial buildings.
'This Alternative represents a concession to the
developers in that they could develop the residential
portion first, but would have to provide safeguards
that the commercial land would be a community amenity
pending development.
Alternative "B" restricts the occupancy of the resi-
dential portion until framing permits have been
issued on the commercial structures; this would im-
pose an unworkable hardship, according to developers.
City Council Minutes
1/3/73 Page 4
In reply to questioning, Mr. Fleagle stated that a
letter dated January 2, 1973, from Best Years, Inc.,
· indicated an estimated cost of $286,580 for demoli-
tion, grading, off-site, and Flood Control Channel
improvements.
Mayor Miller noted that the letter also expressed
developers' satisfaction with Alternative "A", except
for the provision that grass be planted on the com-
mercial'land.
The Council discussed the possibility of allowing a
"grace period" before planting of grass on the com-
mercial portion would be required, and means of
assuring that this would be done at that time if
commercial development is delayed beyond that time.
Mr. Barletta of Best Years stated that a leasing pro-
gram is underway for the commercial, and they do not
expect a one-year delay, particularly because of the
heavy investment in improvements on ~he property that
are not justified by an apartment complex alone. He
said, however, that he would have no objection to
posting a bond to assure installation of grass and
sprinkling systems within a year on the commercial
land if commercial development does not proceed.
The Council directed that the City Attorney modify
Alternative "A" to provide for p~anting of grass,
etc., on the commercial property within a year after
building permits are issued on the residential
property, and posting of a bond therefor.
Following a brief period, during which the Council
acted on other agenda items, the City Attorney
offered the following modified version of Section
2 e) of Ordinance No. 565 (AlternatiVe "A"):
2 e) At the time of the first construction of any
improvements on the subject property, on-site
improvements for the entire property shall be
constructed, including flood control channel
enclosure, total grading, installation of per-
imeter landscaping, planting of grass and in-
stallation of sprinkling system on parcels
B and C as hereinafter described, or execution
of an agreement to install said grass and sprink-
ling system within one (1) year of the time
building permits are issued for the residential
development, together with a bond, each in form,
content and amount satisfactory to the City
Attorney.
Moved by Saltarelli, seconded by Langley that Ord-
inance No. 565, as amended, have first reading by
title only. Carried unanimously.
The secretary read Ordinance No. 565 by title.
2. ORDINANCE NO. 568
An Ordinance of the City of Tustin, California,
AMENDING THE TUSTIN CITY CODE RELATIVE TO THE
PLANNING COMMISSION OF THE CITY OF TUSTIN.
Moved by Welsh, seconded by 5altarelli that Ordinance
NO. 568 have first reading by title only. Carried
unanimously.
The secretary read Ordinance No. 568 by title.
City Council Minutes
1/3/73 Page 5
RESOLUTIONS 1. RESOLUTION NO. 73-1
A Resolution of the City Council of the City
of Tustin, California, APPROVING APPEAL OF
USE PERMIT 72-397.
Permits Coroner's facilities on "B" Street
at Santa Ana FreeWay.
2. RESOLUTION NO. 73-2
A Resolution of the City Council of the City
of Tustin, California, APPOINTING PLANNING COM-
MISSIONERS.
3. RESOLUTION NO. 73-3
A Resolution of the City Council of the City
of Tustin, California, APPROVING PLANS AND
SPECIFICATIONS FOR DEMOLITION WORK ON THE PARK
SITE ON THE CORNER OF RED HILL AND BRYAN AVENUES.
4. RESOLUTION NO. 73-4
A Resolution of the City Council of the City
of Tustin, California, DESIGNATING PLACEMENT OF
CERTAIN STOP SIGNS.
5. RESOLUTION NO. 73-5
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.
Mayor Miller requested that Resolution No. 73-2 be
considered separately, to allow Cosmissioners' names
to be drawn, to impartially determine expiration
dates for their terms of office.
After slips of paper were prepared with the names
of the five Commissioners, Mrs. Margaret Byrd, 158
North "B" Street, Tustin, selected three names for
a term of office to expire on June 30, 1974:
Richard L. Dombrow
Casper P. Hare
George A. McHarris
Councilman Woodruff read Resolution No. 73-2, as
amended, in full. (The revised Resolution provided
for appointment of Richard L. Dombrow, Casper P. Hare,
and George A. McHarrfs to the Planning Commission for
terms expiring on June 30, 1974; and Howard Larnard
and James Sharp for terms expiring June 30, 1975.)
Moved by Saltarelli, seconded b~ Welsh that further
· reading be waived and that Resolution No. 73-2 be
passed and adopted. Carried. Ayes: Miller,
Saltarelli, Langley, Welsh,.Woodruff. Noes: n~ne~
Absent: none.
Upon direction by the Mayor, the secretary read
by title the following Resolutions: No. 73-1,
No. 73-3, No. 73-4 and No. 73-5.
City Council Minutes
1/3/73 Page 6
........ t=~" Moved by Langley, seconded by Saltarelli that further
reading be waived and that Resolutions 73-1, 73-3,
~3-4 and 73-5 be passed and adopted. Carried.
kyes: Miller, Saltarelli, Langley, Welsh, Woodruff.
Noes: none. Absent: none.
OLD
BUSINESS 1. APPOINTMENT.OF MEMBERS TO THE PARKS AND
RECREATION COMMISSION
Moved by Welsh, seconded by Saltarel]~ that Dickran
Boranlan be re-appointed a Member of the Parks and
Recreation Commissionr for a term to expire December
.31, 1974. Carried unanimously.
Councilmen Langley and Woodruff agreed to interview
applicants for the otner vacant positions on the
Commission and make a recommendation at the next
r. egular meeting. The Administrative Secretary was
instructed to arrange the interviews.
XII.
NEW
BUSINESS 1. AWARD OF BID ON ONE-TON TRUCK WITH BACK LIFT
Moved by Woodruff, seconded by Saltarell~ that bid
for one-ton truck be awarded to the low bidderr
Guarantee Chevroletr in the amount of $4,019.41,
plus tax, and the purchasing agent be authorized
to issue the order. Carried unanimously.
DENIAL OF CLAIMS
Moved by Woodruff, seconded by Langley that the
claims of Joseph DeMarlnis, Helen E. DeMarinis, and
Allstate Insurance Co. be denied. Carried unanimously.
Moved by Miller, seconded by Langley that the claim
of John LaRosh and Joan LaRosh, dated October 24, 1972,
be denied. Carried unanimously.
3. CIVIL DISASTER AGREEMENT
'.Moved by Saitarelli, seconded by Welsh that the Ma~
~nd City Clerk be authorized to exesute the Unified
Orange County-Cities Disaster Agreement. Carried
un animou sly.
4. AGREEMENT CREATING INTERGOVERNMENTAL
COORDINATING COUNCIL
Mr. Gill reported that the Assistant City Administrator
had made inquiries based on the City Council's con-
cerns and determined that the Intergovernmental Coord-
inating Council will have no adverse effect on local
control. Former Mayor A. J. Coco was involved in the
Council's formation, and Councilman Don Smith of
Orange is currently Chairman of the Intergovernmental
Coordinating Council Committee. The County of Orange
and four Cities within the County have executed the
Agreement to date.
Moved by Welsh, seconded by Langley that the M~yor
.~nd__C_~.ty Clerk be authorized to execute the A~re~m~n~
regarding the I~'~vernmental Coordinating ~ounci]
of Orange County.
City Council Minutes
1/3/73 Page 7
Fol]owina brief discussion of the value of the
Coordinating Council, the above motion was carried
unanimously..
RECESS Mayor Miller called a recess at 8:52 p.m~ The
meeting reconvened at 9:02 p.m.
XIII.
OTHER
BUSINESS 1. RESPONSE TO COUNCIL ON POLICE CONCERNS
The Council discussed the Police Chie£'s December 28
memo to the City Administrator- It was determined
that a police/Council Workshop would be held on
Monday, January 15, 1973, at 6:00 p.m., preceding
the regular Council meeting, to discuss item #5 in
the memo relating to manpower requests for certain
divisions within the Department, and other matters.
2. BICENTENNIAL COMMITTEE
Councilman Welsh reported that there ms a Dicenten-
nial Committee already formed in Tustin, of which
he is a member. He stated that he would provide
Con~aittee members with the December 13 Bulletin
from the League of California Cities on the subject
of American Revolution Bicentennial Committees.
3. PEP SECTION 5 PERSONNEL
Mr. Gill referred to the Assistant City Administrator's
January 3 memo concerning a reduction in PEP Section 5
personnel from eight to two, effective January 15,
1973, and stated that it is recomnended that the
Mechanic's Helper in the Maintenance Department and
the Recreation Supervisor in the Recreation Depart-
ment be retained as PEP employees, and that the
Clerk Typist in the Police Department be retained
as a permanent employee through City funds. It is
also recommended that the two temporary Police
Clerk Typists be retained as permanent employees.
Moved by Saltarelli, seconded by Welsh that the
Recreation Supervisor and the Mechani~'s Helper
positions be retained as PEP positions, that the
Police Clerk Typist position be changed from PEP
to permanent City employee status, and that two
temporary Police Clerk ~ypists be reclassified as
permanent City employees. Carried unanimously.
4. POPULATION ESTIMATE
Mr. Gill reported that, as contained in the Building
Official"s December 29 memo, the November 1, 1972,
population estimate, 25,875, reflects an increase
of only 225 because of an adjustment in the base
figures from the February 1, 1972, estimate, due to
census correction figureIs obtained after February 1.
Mr. Gill noted that an increase of about 1,000
persons should be realized in next year's estimate,
due to new developments occurring mn the City.
5. REVENUE SHARING, AND SB 90
Mayor Miller stated that the Council will have to mak~
a definite ~ecision on use of the City's revenue
sharing funds, and that the funds should not just
go into the General Fund. Council discussion and
public ~.nput wou~.d be appropriate in determining how
the funds will be cxpended,
City Council Minutes
1/3/73 Page 8
Mr. Gill replied that the Revenue Sharing funds
· do strengthen the City's reserve posture, and that
the City has until March, 1974, to describe what the
money will be used for.
Councilman Woodruff commented later in the meeting
that the staff should submit firm recommendations
for use of the funds, and that they should be ex-
pended on one or two big pro]ects which have been
needed, and that public input on this should also
be sought.
In reply to a question from the Mayor, Mr. Gill
explained that cities have not yet received copies
of SB 90, the Reagan-Moretti Tax Reform Bill, which
would limit the tax rates of local agencies, but
that there would be discussion on the impact of
the Bill at the Orange County City Managers' meeting
the following day. A report will be made to the
Council when details are known.
6. PACIFIC/YORBA REALIGNMENT
Mr. Gill asked whether the Council desired to re-
consider the matter of realignment of Pacific and
Yorba at First Street, inasmuch as a decision on
realignment would affect the possible condemnation
of the Tustin Carpets property on the southwest
corner of First and Pacific.
The Council requested that background information,
including minutes of previous Council discussions
on the matterr be included in the Council packets
for the next regular meeting.
7. WATER SERVICE TO TRACTS 7954 AND 8033
Mr. Frank Fehse, U. S. Development Corporation, 4100
Birch Street, Newport Beach, expressed concern about
the uncertainty of water and sewer service to Tract
8033, and urged the City to designate the irvine
Ranch Water District as its wholesale agent for the
72 acres to be developed by U. S. Development,
and accept an acreage fee from the developers as an
economic justification for so doing; if the Irvine
Ranch Water District is the wholesale agent, they
would also provide sewer service. He felt that there
might be a certain technical validity ~n IRWD'S
position about wa~er quality, but that could be de-
bated indefinitely. He was looking for a way to
resolve the matter so that development could start.
Mr. Rourke, replying to this at the request of the
Mayor, stated that he understood the problem stated
by developers, which has been an on-going one; the
only change in the situation, with the exception of
the offer to pay acreage fees to the City, is that
IRWD has said they will serve sewer to these tracts,
'whereas two weeks ago they said they would not. It
was Mr. Rourke's opinion that IRWD is obligated to
serve sewer on demand.
In reply to a request by Warren James of the Irvine
Company that the City Council identify its objectives
in this ~ssue, Mayor Miller said that the City's
position was explained in his December 20 letters to
the Irvine Ranch Water District, the Irvine Company,
and the developers.
City Council Minutes
1/3/73 Page 9
Mr. Gill summarized the City's position in stating
~hat the City is concerned about water service within
its total sphere of influence, and was willing to
work out an agreement with IRW~ providing that the
900 acres north of the Santa Ana Freeway, adjacent
to Tustin City limits, be included also. The City
does ~ot want a variety of wa~er agencies ultimately
operating, with different ratesr etc., within its
sphere of influence. An initial concern was that
IRWD notified the City that they could not provide
the required closed loop system; but this was just
one factor. If they find they can provide the system,
this will make it easier. to reach agreement, but does
not resolve the issue involving Tustin's sphere of
influence.
In reply to further questions by Mr. James, Mr. Gill
explained that the City is concerned about develop-
ment occurring within its sphere prior to annexation
and thatf although the area north of the Freeway
within Tustin's sphere is currently in the Agricultural
Preserve, a recent discussion with Mr. Ray Watson of
the Irvine Company indicated that the land will not
remain in the Agricultural Preserve and. remain unde-
veloped for ten years. The City has designated Tustin
Water Works as the serving agency for this area, and
this position would be the reply to IRWD'S December
22 letter to the City Council requesting that they
be designated as the water service agency for Tracts
7954 and 8033, unless some other arrangement is made.
Councilman Saltarelli agreed with Mr. James' comments
that the matter should be resolved as quickly as
possibte~ and was sympathetic with the builders'
viewpoint about delays in starting construction.
Councilman Woodruff emphasized that there is no
breakdown in com~un'ications between the City Council
and the City's negotiating team.
Mr. Rourke stated that the taxpayers and people
having ri'~hts to use the land have a right to
sewer service--that's what they pay taxes for--and
it would be a very sensitive decision for the Irvine
Ranch Water District Board of Directors to refuse
sewer service. He felt that the developers' position
had improved as a result of !RWD'S agreement to
provide sewer service to these two tracts.
8. COMMENDATION OF ORVILLE MYERS
Moved by Sa!tarelli, seconded by Welsh that in view
of his long and dedicated service to the City as
City Engineer, Orville Myers be commended, and that
an appropriate commendation be prepared ~or presenta-
tion to Mr. Myers. Carried unanimously.
Councilman Langley stated that he would check on the
.status of a new proclamation form paper being designed
for the City.
In reply to questioning, Mr'. Gill stated that, pen~ing
hiring of another Registered Engineer, the City will
have plans signed by a private engineering firm. He
added that he would report to the City Council later
on his thoughts as to the nature and duties of that
position; but that recruitment will proceed in accor-
dance with the present job specifications.
9. DEVELOPMENT PREVIEW COMMISSION
-- .~OUncilmnn Snlta[elli stated that the Council should
discuss the value and functions of the Development
· ~review Commission, inasmuch as he felt it is not
· - " performing as.intended and'is Cbstly in terms of
~taff time. He suggested a change in direction for
" -the Commission, or doing away with it ent'irely.
~aMor Miller stated that he favored the City of
Placentia's system, involving a set of written
development standards, distributed to developers
at the onset of a project, and enforced by the
· Planning Commission.
~ouncilman Woodruff spoke against making any decision
· ' on this an this meeting. He referred to a letter
he was directing to the Mayor with suggestions, which
included his opposition to Council members being pre-
· sented any issue or material "cold",.without opportunity
'. for study by the rest of the Council, and his prefer-
-.: ence that such items appear on the following meeting's
.-- agenda. He felt that consideration of non-agenda
:- -.items results in something less than full discussion
and wise. decision-making, and deprives the public
Of prior knowledge of these items. .:
~ Councilman Saltarel!i requested'that the matter of
- ' ~ ~he future of the Development Preview Commission be
._- ;' .-placed on the agenda for the next regular Council
-. '.'meeting. '
In reply to the Mayor's question, Mr. Fteaqle stated
that he has developed a list of development s~andards
· for-Council consideration.
· 10. COUNCIL EXPENSE ALLOCATION
Councilmah Langley referred to his January 2 memo
~o the City Council, recommending a reduction in
.'the Mayor's expense allocation, from $150 to $125
.. per month, and an increase in Councilmen's expense
=allocations, from $75 to $100 per month, based on
Councilmen's increased participation in City-related
.~ functions.
.. Pollowing discussion, it was moved bv Langley, seconded
~ Woodruff that the Mavor's expense aliocation be
: reduced uo S125 per month, and that Councilmen's ex-
._.. pense allocauions be ~ncreased to $100 oer month.
Carried by roll call. Ayes: Miller, Saitarelli,
Langley, Welsh, Woodruff. Noes: none. Absent: none.
ADJOURNMENT ~oved by Miller, seconded bv Saltarelli that the
~.eeting be ad3ourned zo an Exscutive Session.. Carried
~nanimously. (10:12 p.m.) ..
· -- · '_
tMAYOR