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HomeMy WebLinkAboutCC MINUTES 1972 10 16 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL October 16, 1972 CALL TO ORDER Mayor Miller called the meeting to order at 7:33 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Miller. III. INVOCATION Given by Councilman Langley. IV. ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley, Welsh. Absent: Councilmen: None. Others present: City Administrator Harry Gill Asst. City Admin.'-Comm. Devel. Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS NONE. Mayor Miller announced that New Business Item No. 2 would be taken out of order. NEW BUSINESS PROPOSITION 20 COASTAL ZONE CONSERVATION ACT Presentation by Mrs. Harriett Walther, League of Women Voters. Mrs. Harriett Walther, 18502 Hillhaven Drive, Santa Ana, 92705, representing the League of Women Voters in the absence of Mrs. Agnes Bacon, gave background information on Proposition 20 and outlined its pro- visions including the permit application and appeal procedure, composition and duties of the regional and State commissions, zones of jurisdiction, and the requirement that a Coastal Conservation Plan be pre- pared and submitted to the Legislature by Decen~ber, 1975. The League of Women Voters is endorsing Proposition 20 as a means of protecting public inter- est in the coastal areas. Councilmen Welsh, Saltarelli, and Langley stated that they were in favor of the Initiative as a means of protecting the natural resources of the coastal zone. Mayor Miller stated that he was also in favor of it, although he was concerned about appointed representa- tion on the commissions and associated absence of direct responsibility to the electorate. Moved by Welsh, seconded by Saltarelli that the City Attorney be instructed to prepare a resolution en- dorsing Proposition 20, the Coastal Zone Conservation Act, for adoption at the next regular Council meeting. Carried unanimously. (It was determined later in the meeting that the November 6 Council meeting would be too late to adopt resolutions concerning propositions appearing on the November 7 Ballot, and the staff was directed to re- lay the Council's endorsements of Propositions to the League of California Cities by letter.) Council Minutes 10/16/72 Page 2 VI. PUBLIC CONCERNS 1. MR. SOL SHAPIRO, RE: HESTER DEVELOPMENT Mr. Sol Shapiro, 14222 Mimosa Lane, Tustin, addressed the Council concerning several matters pertaining to the progress of condominium construction by Hester Development on Yorba Street adjacent to Enderle Gar- dens. His particular concern involved encroachment into the ten-foot setback area of a "fireplace" which he maintained lacked the appearance of the traditional fireplace from the exterior, and the apertures for which, on the interior, could be used for any number of purposes other than for a fireplace. Although he had been advised by City staff that these are legal fireplaces,. and therefore legal protrusions from the foundation line into the setback area, Mr. Shapiro felt that, whether legal fireplaces or other- wise, the builders had broken faith with Enderle Gardens residents who were promised a ten-foot set- back from their property lines as a noise buffer. Mr. Rex Waldo, Building Official, explained that these are actually gas-burning fireplaces, vented in the same manner as a gas furnace, and that gas lines had been installed. He denied that they add any usable floor space inside the units, and added that the Zoning Ordinance allow~ fireplaces to pro- trude within five feet of the property line. Mayor Miller questioned whether these would actually meet the definition of a fireplace contained in the Uniform Building Code, and stated that if they did not meet a strict interpretation of Code provisions~ they should be removed. Counci'lman Saltare!li agreed that these do not look like fireplaces and suggested asking the builder to remove them in the six units backing up to Enderle Gardens. Mr. Rourke stated that if precise building construc- tion plans had been submitted to and approved by the City, it was questionable whether the City could re- quire a change at this point. Councilman Saltarelli suggested the City contact the developer to seek his removal of the fireplaces vol- untarily, and also suggested to Mr. Shapiro that he and the Enderle Gardens Homeowners Association con- tact the builder at the same time° After Mr. Waldo produced a copy of the Uniform Build- ing Code, Mr. Rourke cited definitions of the various types of fireplaces and chimneys. Mayor Miller suggested sending copies of the plans to an exper~ witness for interpretation of the Code and drawings to determine whether these are legal fireplaces° Moved by Welsh, seconded by Saltarelli that the staff be authorized to contact the builderito seek his voluntary removal of the fireplaces; ~nd that if the builder is unwilling to cooperate, and the fireplaces do not fall within the Uniform Building Code definition of "fireplace", Ehe staff and City Attorney b~ authorized to take wbatcv~r leqa] ~ct~on may be recovered to have the fireplaces; removed. Carr~ ed unanimously. Council Minutes 10/16/72 Page 3 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES October 2, 1972, meeting. 2. RATIFICATION OF DEMANDS in amount of $148,412.53 Moved by Langley, seconded by Welsh that both items "' on the Consent Calendar be approved. Carried unani- mously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 552 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE, ORDINANCE NO. 157 AS AMENDED AND THE SIGN ORDINANCE NO. 438 AS AMENDED, CREATING THE OFFICE OF ZONING AD- MINISTRATOR AND DEFINING THE DUTIES OF THE OFFICE. 2. ORDINANCE NO. 553 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE OF THE CITY OF TUSTIN, RELATIVE TO CONDOMINIUMS. 3. ORDINANCE NO. 554 An Ordinance of the City of Tdstin, California, PREZONING PROPERTY ON APPLICATION NO. PZ 72-134. Prezoning property located at the southwesterly corner of Main Street and Newport Avenue from County M-1 District to City Planned Community (Commercial) District, subject to annexation. 4. ORDINANCE NO. 555 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. ZC 72-231 OF FIRST WESTERN BANK. Rezoning property at the western intersection of Irvine Boulevard and Red Hill Avenue, from R-1 to Pr and P&I Districts. Moved by Langley, seconded by Saltarelli that Ord- inances 552, 553, 554 and 555 have second reading by title only. Carried unanimously. The secretary read Ordinances 552, 553,554 and 555 by title. Moved by Welsh, seconded by Saltarelli that Ord- inances 552, 553,554 and 555 be adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 556 (See next page.) Council Minutes 10/16/72 Page 4 1. ORDINANCE NO. 556 An Ordinance of the City of Tustin, California, PREZONING PROPERTY ON APPLICATION NO. PZ 72-136. Property located on the southeast side of Elizabeth Way approximately 150 feet northeast of Old Irvine Boulevard to be prezoned to -- Planned Community-Commercial.. 2. ORDINANCE NO. 557 An Ordinance of the City of Tustin, California,' REZONING PROPERTY ON APPLICATION NO. ZC 72-232. Rezoning property located on the northeasterly corner of Irvine Boulevard and Elizabeth Way to Planned Community-Commercial. 3. ORDINANCE NO. 558 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. ZC 72-233 OF SOUTHERN CALIFORNIA PROJECTS, INC. Rezoning property on east side of Newport Avenue bounded by Main and Bryan to the Planned Com- munity (PC-Commercial) District. 4. ORDINANCE NO. 559 An Ordinance of the City of Tustin, California, ADDING ARTICLE III TO CHAPTER 20 OF THE TUSTIN CITY CODE, TO PROVIDE FOR THE PAYMENT OF FEES IN CONNECTION WITH CONSTRUCTION OF NEW BUILDINGS. The Council agreed that Ordinance No. 559 would be considered separately. Moved by Langley, seconded by Welsh'that Ordinances 556,557 and 558 have first reading by title only. Carried unanimously. The secretary read Ordinances 556,557 and 558 by title. After some discusslon, the Council made additions and modifications to page two of Ordinance No. 559, with Section 20-11 Tax Amount, to read as follows: Sec. 20-11 Tax Amount Ca) Tax Imposed. A tax is hereby imposed upon the construction of each residential unit, commercial unit, professional unit, and industrial unit in the City. (b) Rates. The rates of the tax hereby imposed are as follows: (1) -Residential: Single-family dwellings (attached or detached) $250 per unit Duplexes $250 per unit Council Minute~ 10/16/72 Page 5 Multifamily dwellings, Townhouses, and Condominiums (Three or more units) . $250 per unit For each hotel or motel rental unit without a kitchen, ex61uding bathrooms $100 per unit Mobilehome park pads $100 per pad (2) Commercial, Professional & Industrial For each commercial building'~nit in a building, per square foot of gross floor area, including any area within a build- ing designed for the parking of vehicles. $.05 per sq. ft. The following paragraph was added following Section 20-19: "This ordinance is a revenue measure and shall take effect immediately upon its pas- sage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be published once an the Tustin News, a news- paper of general circulation published in the City of Tustin and this ordinance shall be an ~ effect upon its adoption." Moved by Welsh, seconded by Saltarelli that Ord- inance No. 559~ with additions and modificatl~'6'~ specified above, have first reading by title only. Carried unanimously. The secretary read Ordinance No. 559 by title. A recess was called at 8:56 p.m. The meeting recon- vened a~ 9:07 p.m. Moved by Langley, seconded by Welsh that Ordinance No. 559 have second reading by title only. Carried by roll call. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. The secretary read Ordinance No.559 by title. Moved by Langley, seconded by welsh that Ordinance No. 559 be adopted as an urgency measure. Carried ~y roll call. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. X~ RESOLUTIONS 1. RESOLUTION NO. 72-69 A Resolution of the City Council of the City of Tustin, California, ANNEXING TO THE CITY OF TUSTIN CERTAIN TERRITORY DESCRIBED HEREIN, AND DESIGNATED IRVINE-ELIZABETH ANNEXATION NO. 76. 2. RESOLUTION NO. 72-70 A Resolution of the City Council of the City of Tustin, California, DESIGNATING PLACEMENT OF A CERTAIN STOP SIGN. Council Minutes 10/16/72 Page 6 3. RESOLUTION NO. 72-71 A Resolution of the City Council of the City of Tustin, California, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE, CALIF- ORNIA, TO IMPROVE PORTIONS OF THE SANTA ANA RIVER TO MITIGATE THE POTENTIAL INUNDATION OF THE DISTRICTS' TREATMENT PLANTS NOS. 1 AND 2. Upon direction by the Mayor, the secretary read Resolutions 72-69, 72-70 and 72-71 by title. Moved b~7 Saltarelti, seconded by Welsh that further reading be waived, and that Resolutions 72-69, 72-70 and 72-71 be passed and adopted. Carried. Ayes: Miller, Sattarelli, Langley, Welsh. Noes: none. Absent: none. 4. RESOLUTION NO. 72-72 A Resolution of the City Council of the City of Tustin ESTABLISHING A CITY WATER SYSTEM. 5. RESOLUTION NO. 72-73 A Resolution of the City Council of the City of Tustin DESIGNATING THE TUSTIN WATER WORKS AS THE SUPPLIER OF WATER TO THE CITY OF TUSTIN. Moved by Langley, seconded by Saltarelli that Resolutions 72-72 and 72-73 be read by title only. Carried unanimously° The secretary read Resolutions 72-72 and 72-73 by title. Moved by Saltarelli, seconded by Langley that Resolutions 72-72 and 72-73 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. XI. OLD BUSINESS NONE. XII. NEW BUSINESS 1. CHAMBER OF COMMERCE AGREEMENT The Council discussed the desirability of re-evalu- ating the terms of the Chamber agreement by means of meaningful dialogue between the Chamber of Com- merce and the City Council as to goals and functions, etc. Councilman Welsh affirmed the Chamber's value to the City, opposed a re-evaluation within the con- tract period, and stated that provision for such a re-evaluation might be interpreted as a breach of faith with the Chamber. Councilmen Saltarelli and Langley favored such a re-evaluation due to some apparent disagreements among Chamber members as to the need for or amount of the City's allocation; the monthly altgcation is budgeted automatically with little or no Chamber input. Mr. Bill Moses, editor of the Tustin News, noted that the Chanter of Commerce president and manager Council Minutes 10/16/72 Page 7 were not present, and felt it advisable that the matter of re-evaluation be discussed in some detail. After further discussion, Mr. Rourke responded to the Mayor's request for appropriate wording for Section 2-A, as follows: "That all payments for said service shall be made by the first day of each month in the amount of $833.33 for a period of 12 months, commencing on July 1, 1972, and ending on June 30, 1973, subject to re-evaluation and possible modification or termination after December 31, 1972." .Moved by Langley, seconded by Saltarelli that the Mayor and City Clerk be authorized to execute the .Agreement between the City and the Chamber of Com- merce, with modification of Section 2-A as specified. Carried by 3-1 vote, Councilman Welsh voting no. 2. PROPOSITION 20 - COASTAL ZONE CONSERVATION ACT. This item was taken out of order. See page 1. 3.. CONSIDERATION OF APPOINTMENT OF ALTERNATE TO DEVELOPMENT PREVIEW COMMISSION The Council authorized the staff to solicit appli- cations for appointment of an Alternate to the Development Preview Commission from architects living in the Tustin area or with established businesses in the Tustin area. The press was asked to publicize the vacancy. XIII. OTHER BUSINESS 1. APPOINTMENT TO PLANNING COMMISSION It was noted that Notice will be published in the Tustin News of a public hearing scheduled for November 6, 1972, for consideration of appointment of a member to the Tustin Planning Commission, and inviting applications. 2. TUSTIN MEADOWS STOP SIGNS Councilman Saltarelli advised that at the Annual Meeting of the Tustin Meadows Community Association, the majority of Tustin Meadows residents had favored the stop signs installed within the tract. The staff was directed to send a copy of the City Engineer's October 11 report regarding investigation of stop slgns at Brookshire and Glenarbor to Mr. R. E. Wellman, with a letter thanking him for his interest, and advising him of public sentiment favoring the stop signs. 3. PARK BOND FUNDS Council briefly discussed the Assistant City Admin- istrator's October 12 report on the status of Park Bond funds. The Council favored the use of Gas Tax funds and other revenues where possible to offset the cost of street improvements required in conjunction with park development. Council Minutes 10/16/72 Page 8 4. TUSTIN MEADOWS DRAINAGE PROBLEMS After some discussion of the City Engineer's October 10 report regarding nuisance water drain- age problems in Tustin Meadows, the Council auth- orized the staff to conduct soils tests to determine drainage characteristics prior to installation of french drains to alleviate the situation; if the test will be as costly as the installation of a drain, a test drain is to be constructed instead. 5. EXPENDITURE OF TOPICS FUNDS In accordance with the City Engineer's recommendations, the City Council selected the Traffic Signal Coordina- tion System on Red Hill Avenue from Irvine to Barranca for expenditure of TOPICS funds, to substitute for the First and Red Hill traffic signal project. 6. BEST YEARS PROJECT The City Council authorized the Community Develop- ment Director to contact Best Years, Inc., to inform them that the Council is willing to reconsider their proposed project on Irvine Boulevard on the basis of proposals contained in their October 13, 1972, letter. 7. PARKWAYS ON WALNUT After some discussion, the Council rejected the possibility of City maintenance of parkways on Walnut Avenue in the vicinity of the Ayres tract as it would set a precedent, and directed the staff to make recommendations at the next Council meeting about alternatives for maintenance of the parkways (homeowners' association, maintenance district, trust fund, etc.). 8. TRANSPORTATION MEETING Councilman Saltarelli announced that he has a brochure available concerning an October 19 meet- ing at the Los Angeles Hilton on the subject of "Transportation for the Future - Mass or Mess"~ the meeting will last from 9:00 a.m. to 4:15 p.m. 9. FIRE DEPARTMENT COMMENDED Councilman Langl~.y publicly thanked the Fire De- partment for rescuing his daughter from a turnstile and reaffirmed his "personal appreciation for the fine job they always do". 10. OBJECTIONABLE SIGN Mayor Miller received Council approval to send a letter to Circus-Circus Hotel in Las Vegas protest- ing an offensive billboard near Browning and Nisson in Tustin. 11. PROPOSITION 18 OBSCENITY INITIATIVE Moved by Miller, seconded by Langley that Proposi- tion 18, the Obscenity Initiative, be endorsed, and that citizens be urged to vote in favor of it. Carried unanimously. The staff was directed to advise the League of California Cities of this endorsement and that of t~ropo~it~on 20 (s{!e page ]). Council Minute,q 10/16/72 Page 9 12. MOSQUITO ABATEMENT DISTRICT Mayor Miller agreed to sign a letter to the Chair- man of the Orange County Division of the'League of California Cities requesting time on the agenda to encourage cities to appoint-only councilmen as their representatives on the Board of the Mosquito Abatement District. Councilman Saltarelti stated that'he would relay the Council's feelings on this matter at the next meeting of the Board. XIV. ADJOURNMENT Moved by Saltaretli, seconded by Welsh that the ~eeting be adjourned. Carried unanimously. (10:30 p.m.) CLERK