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HomeMy WebLinkAboutCC MINUTES 1972 08 21 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL AugUst 21, 1972 CALL TO ORDER The meeting was called to order at 7:36 p.m. by Mayor C. Miller. II. PLEDGE OF ALLEGIANCE Led by Councilman L. Miller. III. INVOCATION Given by Councilman Langley. IV. ROLL CALL Present: .Councilmen: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Absent: Councilmen: None. Others present: City Administrator Harry Gill Asst. City Admin.-Community Development Ken Fleagle -City Attorney James Rourke City Clerk Ruth Poe RESIGNATION Councilman L. Miller read a letter announcing his decision to resign from the Council rather than subject his family or the City to any further pressure over the issue of his residency, while emphasizing that he is still a resident of the City and qualified to continue service as a Councilman. The letter also thanked his constituents, supporters and friends for their confidence, and expressed his willingness to continue working for the benefit of Tustin. Moved by Welshr seconded by Langley that Mr. Len Miller's resmgnation from the Council be accepted with thanks for his service and long and arduous devotion to the City of Tustin. Carried unanimously. Mr. Frank Greinke, 1011 Laguna ROad, Tustin, ex- pressed thanks for Mr. Miller's good job of balancing the City Council as representative of the business community. V. PUBLIC HEARINGS NONE. Mayor C. Miller announced that Old Business Item No. 1 would be taken out of order. OLD BUSINESS I. RESOLUTION NO. 72-38 A Resolution of the City Council of the City of Tustin, California, AMENDING THE LOCAL AGENCY-STATE AGREEMENT NO. 49 AND APPROVING PROGRAM SUPPLEMENT NO. 1 FOR THE TOPICS PROGRAM. Mr. Sal Delgado, 13351 White Sands~ Tustin, spoke against installation of a signal at Red Hill and First, stating that this ms just part of a larger problem: the transformation of First Street from a residential street to an arterial highway. He noted that the Auto Club study of the area indicated the need for a separate study on the signal installation. Mr. Delgado stated that in discussion with County traffic engineers, he learned that First Street is Counczl ~llnutes 8/21/72 Page 2 a secondary arterial highway, the least important of the three types of highways, which may be added or deleted from the County Ma~ter Plan of Arterial Highways; the City may request to have it removed from the Arterial Highway system, and may sever a street without loss of County or State funds. Mr. Delgado also cited the danger to children on that section of First Street, and the negative impact on property values. Mrs. Joyce Mowers, 1362 East First, Tustin, stated that if no permanent solution is reached the situa- tion will worsen, and suggested closing of the street to eliminate such problems as auto-generated pollution and the effect of excessive traffic on home values. Mr. Charles Martel, 13362 Coral Reef, Tustin, (south- west corner of First and Red Hill) stated that he had made some observations concerning the traffic flow on First Street at that intersection, including the peak traffic hours (3:30-5:30 p.m.), the percentage of cars making left or right turns onto Red Hill, etc. He stated that no more than four cars are waiting to turn either way at any given time, and that a traf- fic signal would result in a line of up to twelve cars waiting for a green light, and would encourage speeding because of drivers accelerating to make the green light. He opposed raising the speed limit to 35 m.p.h., since the majority of accidents at that location occur at night, apparently as a result of drivers unfamiliar with the street being unable to stop in time at Red Hill. Mr. Martel ended his presentation by asking that the Council consider the benefit of the residents rather than only the convenience of drivers. Ms. Joan Niskern, 1351 East First, Tustin, thanked the City Council for the stop signs, and stated that it is unsafe for children to go outside their backyards and that officials seem more interested in growing traffic than in growing children. Mrs. Schwen, 13301 Charloma, agreed with previous speakers that a solution must be found, but com- plained of excessive noise from stops and starts at the stop signs recently installed at First and Charloma. Dr. Charles Simon, 1171 East FirSt, Tustin, spoke in support of retaining the residential character of First Street, and effectively slowing traffic to accomplish this and assuring the safety of children. He felt, however, that a signal at Red Hill and First would not provide a solution and would be a useless expenditure. Councilman Saltarelli staged that he was not in favor of the Auto Ctub's recommendations to remove the stop signs, install the signal at First and Red Hill, and increase the speed limit. The sig- nal would increase traffic volume on First Street, particularly as it would not be under City control to enable programming the light to discourage use of First Street. He urged action to defeat Resolu- tion No. 72-38, and that the County be contacted about the Council's reasons. Moved b~ Saltarel].i. seconded b~ Welsh that Resolu- tion No, 72-38 be read b¥__~A~?_jb__nJ2d. Council Minutes 8/21/72 Page 3 Following discussion, ~he~O~i6~"~o ~ead,by title ~as. withdrawn, and. it. w~?~oved'~by '~ai~,~'i'li ~ - - seconded by Welsh that Resolution No. 72-38 b~ tabled. Carried unanimously. Mr. Delgado stated that the consensus of First Street residents is that the only solution is t6 sever First Street at the location where it ' formerly ended, and proposed that the City sub- mit a letter of application to the County to have that portion removed from the Arterial Highway system, accompanied by evidence supporting the application. If the County grants the request the City may take whatever action is deemed necessary on the street. Mr. Gil'l stated that a letter, rather than a resolu- tion, would suffice for the County and also for the State to remove this portion from the Select Aid System of Streets. Replying to Councilman Langley, he stated that the staff has not studied the matter of emergency access to the area, and recommended that following County approval, the staff submit alternative methods of closing the street. Moved by Welsh, seconded by Langley that the staff be instructed to draft a letter, for Council approval, to the County of Orange to request that First Street from Newport to Red Hill be remove~ from the Master Plan of Arterial Highways. Carried unanimously. Councilman Welsh requested that in the interim, the Police step up patrols of the area. Councilman Langley urged parents tO warn their child- ren that many drivers are not aware of the new stop signs, and that they should exercise great caution before entering the street. Staff was directed to install flashing red lights at stop sign locations to increase visibility. VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES August 7 and August 14~ 1972, meetings. 2. APPROVAL OF DEMANDS in the amount of $81~315.05 3. SCHEDULE FOR REVISION OF CLASSIFICATION PLAN That a temporary waiver be granted from the education and experience requirements for the presently vacant Supervisor-Patrol position so as to facilitate recruitment by promotion. __ 4. RIGHT-OF-WAY EASEMENT DEEDS AND AGREEMENTS, FIRST STREET AHFP PROJECT NO. 604, PHASE T. Authorization for the Mayor and City Clerk to execute necessary agreements, acceptance of deeds, and authorization of payments for Parcels 1, 10, 11 and 12, all as recoilmended by the City Engineer. Moved by Saltarelli, seconded by Welsh that Items 1-4 of the Consent Calendar be approved. Carried Unanimously. '8/21/72 Page 4 VII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 545 An Ordinance of the City Council of the City ' of Tustin, California, AMENDING THE TUSTIN CITY CODE CREATING AND ESTABLISHING THE OFFICE OF CITY MANAGER, AND DEFINING THE DUTIES AND POWERS THEREOF Moved by Langley, seconded by Saltarelli, that Ordinance No. 545 be tabled. Carried unanimously. VIII. ORDINANCES FOR INTRODUCTION NONE. IX. RESOLUTIONS 1. RESOLUTION NO. 72-54 A Resolution of the City Council of the City of Tustin, California, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 19TH DAY OF SEPTEMBER, 1972, TO BE MADE BY THE CITY CLERK OF THE CITY OF TUSTIN. 2. RESOLUTION NO. 72-55 A Resolution of the City Council of the City of Tustin, EXPRESSING OPPOSITION OF THE CITY OF TUSTIN TO PROPOSED AIRPORT IN CHINO HILLS AND URGING AN AREAWIDE EFFORT TO ELIMINATE ANY FURTHER CONSIDERATION OF AN AIRPORT IN THE AREA. 3. RESOLUTION NO. 72-57 A Resolution of the City COUncil of the City of Tustin, California, APPROVING REVISION NO. 1 OF THE LOCAL AGENCY-STATE AGREEMENT FOR THE TOPICS PROGRAM. 4. RESOLUTION NO. 72-53 A Resolution of the City Council of the City of Tustin, California, AMENDING THE CITY OF TUSTIN PERSONNEL RULES AND REGULATIONS. Staff requested that the following paragraph be added to Sections 8-E and 8-G of Resolution No. 72-53: "The above total of seven (7) 24-hour work shifts shall remain available to Fire person- nel until the hourly work week is reduced to approximately tile County median, at which time the work shifts shall be reduced to approximately the County median." The Council concurred in the additions. Moved by Welsh, seconded by Langley that Resolutions 72-54, 72-55, 72-57, and 72-53 [as revised) be read by title only. Carri'~d unanimously. The secretary read Resolutions 72-54, 72-55, 72-57 and 72-53 by title. Council Minutes 8/21/72 Page 5 Moved by Welsh, seconded by Langley that Resolutions 72-54~ 72-55, 72-57, and 72-53 (as revised), b~ passed a~d adopted. Carried. Ayes: C. Miller, Saltarelii, Langley, Welsh. Noes: none. Absent: none . X. OLD BUSINESS 1. RESOLUTION NO. 72-38 A Resolution of the City Council of the City of Tustin, California AMENDING THE LOCAL AGENCY-STATE AGREEMENT NO. 49 AND APPROVING PROGRAM SUPPLEMENT NO. 1 FOR THE TOPICS PROGRAM. This item was taken out of order. See page 1. XI. NEW BUSINESS 1. ESTABLISHMENT OF TAX RATE AND NECESSARY REVENUE A. RESOLUTION NO. 72-56 A Resolution of the City Council of the City of Tustin, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES TO CARRY ON THE VARIOUS DEPARTMENTS OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO CARRY ON THE WORK OF THE CITY FOR THE FISCAL YEAR 1972-73. B. ORDINANCE NO. 549 An Ordinance of the City Council of the City of Tustin, FIXING AND DETERMINING THE AMOUNT OF REVENUE NECESSARY TO BE RAISED BY TAXATION UPON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN AND THE AMOUNT OF REVENUE NECESSARY TO CARRY ON THE VARIOUS DEPARTMENTS OF SAID CITY FOR THE FISCAL YEAR 1972-73. Mr. Gill explained that the 1972-73 Budget estimated an approximate $581,000 property tax yield; retain- ing the $.95 per $100 assessed valuation tax rate would result in a yield of $635,360, due to increased assessed valuation, ~epresenting an increase of $55,000. This gain ms more than offset, however, by a drop of about $70,000 in anticipated sales tax revenues. Moved by Saltarelti, seconded by Welsh that Resolu- tion No. 72-56 be read by title only. Carri~ unanimously. The secretary read Resolution No. 72-56 by title. Moved by Welsh, seconded by Saltarelli that Resolu- tion No. 72-56, Fixing and Determining the Amount of Revenue Required from Property Taxes and Fixing the Rate of Taxes for Fiscal Year 1972-73, be passed and adopted. Carried. Ayes: C. Miller', Saltarelli, Langley, Welsh. Noes: none. Absent: none. Moved by Saltarelli, seconded by Langley, that Ord- inance No. 549 be read by title only. Carried unanimously. 8/21/72 Page 6 The secretary read Ordinance No. 549 by title. Moved by Welsh, seconded by Langley that further reading be waived, and that Ordinance No. 549, Fixing and Determining the Amount of Revenue Necessary to be Raised by Taxation Upon the Tax- able Property Within the City and the Amount of Revenue Necessary to Carry on the Various Depart- ments of the City for the Fiscal Year 1972-73, be passed and adopted as an urgency measure to go into effect immediately. Carried by roll call. ~yes: C. Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. XII. OTHER BUSINESS 1. DELETION OF HIGHWAYS FROM STATE HIGHWAY SYSTEM Council briefly discussed a letter from State Senator Randolph COllier concerning a proposal to delete approximately 2/3 of the highways from the State Highway System. It was agreed that input should be sought from the County Road Department and the League of Cities, prior to a position being taken by the Council. 2. DEVELOPMENT PREVIEW COmmISSION Council discussed their desire to study the prc- cedures and interactions of the Development Preview -Commission and Planning Commission, which has de- layed a decision to fill vacancies on the Develop- ment Preview Commission. A September workshop on .the matter was suggested. Mr. Gill stated that staff recommended reappoint- ment of Mr. Bud Jack!ey as a member of the Develop- ment Preview Commission, pending a complete overview' of the Commission, in order to assure a quorum at the weekly meetings. Moved by Sa!tarelli, seconded by Welsh that Mr. Bud Jackley be reappointed as a regular member of the Development Preview Commission. Carried unani- mously.- 3. FIRST AND YORBA INTERSECTION Mr. Gill summarized the City Engineer's August 18 report relative to realignment of Yorba and Pacific, and acquisition and demolition of the Tustin Carpets building on the northeast corner of First and Pacific, rather than acquiring and removing a portion of the front of the structure and replacing the front, whish would result in a zero setback from the right- of-way line. Acquiring and demolishing the enEire building would involve a cost of only $2,000 more than re-facing the building. ' Council discussed the possibility of increased traffic on Pacific between First and Main as a result of such a realignment, the desirability of a public hearing on the matter, the merits of retaining the T-intersection at First and Yorba, the potential loss of a revenue producer, Tustin Carpets, and the loss of visibility which would result if the building were to remain wiLh no Council Minutes 8/21/72 Page 7 setback from the right-of-way line, and associated traffic problems. Moved by Saltarelli, seconded by Langley that the staff be directed to proceed with acquiring the total structure (Tustin Carpets) at the corner of First and Pacific. Carried unanimously. Moved by Saltarelli, seconded by Welsh that a public hearing before the City Council be sched- uled on the matter of realignment of Yorba and Pacific Streets. Carried unanimously. 4. REQUEST'FOR RECONSIDERATION OF COUNCIL DECISION (UP 72-379 - JONES) Mr. Don Thamer, Attorhey, 1666 North Main, Suite 300, Santa Ana, representing Dan Jones, requested that the City Council reconsider their decision to uphold Planning Commission findings as contained in Resolution No. 1273, denying an amendment to UP 72-379. Mr. Thamer stated that there were sev- eral points not brought up during the public hear- ing of August 7, 1972: a. The portion of the flood control ditch which is on the Jones parcel was proposed to be covered and buildings constructed on it; the open portion is on the Vandenberg/Doty property. b. If the street is determined to be essential, and is dedicated, 30,000 sq. ft. of land would not be taxable. c. The expense of maintaining any buffer which might be established between the street and the southerly property line would be borne by the City. d. Vandenberg/Doty plans differ from the master plan. Mr. Fleagle stated that the Jones proposal was not in conformance with the basic concept of the master plan, and he was still optimistic that the different parcels can be developed simultaneously. He dis- agreed with Mrs. Harriet Enderle's letter in which she complained that amendment of Resolutio~1256, Section 2-b, would isolate the Enderle development. He pointed out that the Jones property differs in its relationship to adjoining properties in that it abuts E-4, and enumerated the Planning Commission's reasons for denying the amendment proposal as stated in Resolution 1273. It was the consensus of the Council that their action in upholding the findings of the Planning Commission was appropriate, and that they would take no action on the request to reconsider that decision. 5. ANNUAL LEAGUE CONFERENCE Moved by ~altarelli, seconded by Langley that Councilman Ralph Welsh be designated the City's Voting Representative at the Annual League of Cities Conference in Anaheim, October 15-18, 1972, and that Mayor C. Miller be designated Voting Alternate. Carried unanimously. 6. LARWIN SQUARE ENTRANCE Mr. Fleagle reported that the Larwin Company had successfully negotiated with Southern Pacific Railroad to remove the tracks and Improve the grade at the Newport/Bryan entrance to Lan~ln Square. 7. LEN MILLER COMMENDATION Moved by Langley, s~conded by Welsh that a Proclamation be prepared commending Len Miller · for his service to the City, and that his Council- man badge be incorporated mn a memento of his choosing, such as a plaque, etc. Carried unanimously. 8. ENVIRONMENTAL IMPACT STATEMENTS Council discussed the value of environmental impact statements, required by Federal and State laws on projects of public significance, and required by the County of Orange on all public works projects. It was suggested that on joint City-County projects, the City should be responsible for preparing the environmental impact statement, rather than the County, since such statements involve a 40-day pro~ess at the County level, delaying projects. Mayor C. Miller was asked to bring this up at --- the next Supervisor's breakfast. 9. COUNCIL VACANCY Mr. Rourke advised that the Council has thirty -days to appoint someone to fill a vacant Council seat; after thirty days an election must be called. Mr. Grady Henr~, President of the Chamber of Com- merce, asked that if the Council decides to appoint, the Chamber be permitted an opportunity to make recommendations. Mrs. Lee Wagner, 170 East Main, Tustinr agreed. XIII. ADJOURNMENT The me~ting was adjourned at 10:14 p.m. to a Per- sonnel Session, and then to Tuesday, September 5, 1972 (due to Labor Day holiday). /.! MAYOR \.\CITY CLERK ~