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HomeMy WebLinkAboutCC MINUTES 1972 04 03 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL - April 3, 1972 CALL TO ORDER The meeting was called to order at 7:35 p.m. by Mayor Coco. II. PLEDGE OF · ALLEGIANCE Led by Mayor Coco. III. INVOCATION Given by Councilman L. Miller. ROLL CALL Present: Councilmen: Coco, C. Miller, Marsters, L. Miller, Oster. Absent :' Councilmen: None. Others Present: Asst. City Admin. Dan Blankenship City Attorney James Rourke Asst. City Admin. - Community Development K. Fleagle City Clerk Ruth Poe Ve PUBLIC HEARINGS 1. PROSPECT-IRVINE-NEWPORT ANNEXATION NO. 68 (REVISED) Site, consisting of approximately 19.029 acres, fronts approximately 1006 feet on the east side of Prospect Avenue, has a maximum depth of approximately 1256 feet, and is located approximately 435 feet north of the centerline of Irvine Boulevard. Mr. Fleagle explained the location of Annexation No. 68 as revised, stating that it was approved by the Local Agency Formation Commission on February 9, 1972, upon determination by that Body that the property is within the sphere of influence and logical boundaries of the City of Tustin. City Council Resolution No. 72-11 set this date and time for hearing of protests. James and Ida McCall'a, owners of a portion of the property within this annexation, have filed a protest, although their assessed valuation of $24,400 does not constitute half of the total assessed valuation within the annexation ~$93,660}. State Code requires that if protest of less than one-half of the valuation is made, the hearing must be continued for at least ten days. Mayor Coco opened the public portion of the hearing at 7:40 p.m., inviting any verbal or written pro- tests. He asked whether any other protests had been filed. The secretary replied that there had b&en no other protests received. Mr. Fleagte added that a letter of consent to their property being annexed has been received from First Western Bank, another property owner in the annexation. Moved by C. Miller, seconded by Oster that this hearing be continued in an open manner to the next Council meeting*. Carried unanimously. *The Council later adjourned to Tuesday,'April 18. Council Minutes 4/3/72 Page 2 VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - March 20, 1972, meeting 2. APPROVAL OF DEMANDS in the amount of $82,066.81 Moved by '0~e~,'~'seC0~d~'Ff'L.-Miiler that items~ 1 and 2 of the Consent Calendar be approVed? 5~ried unanimously. VII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 539 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO TAXATION OF VENDING MACHINES AND INTERCITY TRANSPORTATION. 2. ORDINANCE NO. 540 An Ordinance of the City of Tustin, California, ENDING THE TUSTIN CITY CODE TO PROVIDE FOR SOLID WASTE COLLECTION. The secretary read Ordinances 539 and 540 by-title as requested by the Mayor. Moved by L. Miller, Seconded b~ Oster that further reading be Waived and Ordinances 539 and 545 ~ adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: none. Absent: none. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 541 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 72-229. INITIATED BY THE PLANNING COMMISSION. Rezoning of an approximately 34 acre parcel of land from the R-4 (Suburban Residential) District to the P & I (Public and Institutional) District. Site is bounded by Sycamore on the north, Red Hill on the east, mainline ATSF Railway on the south, and incorporated limits to the west. Moved by C. Miller, seconded by 0ster that Ordinance' No. 541 have first reading by title only. Carried unanimously. Secretary read Ordinance No. 541 by title. 2. ORDINANCE NO. 542 An Ordinance of the City of Tustin, California, PREZONING PROPERTY ON APPLICATION NO. PZ 72-133, INITIATED BY THE PLANNING COMMISSION. Prezoning an approximately 2.54 acre parcel from County E-4 (Small Estates) District ~o City of Tustin R-1 (Single Family Residential) District. Property located approximately 660 feet north of the centerline of Seventeenth Street, with approximately 340 feet frontage on the west side of Prospect Avenue. 4/3/72 Page 3 Movedby L. Miller, seconded by Marsters that Ordinance No. 542 have first reading by title only. Carried unanimously. Secretary read Ordinance No. 542 bY title. RESOLUTIONS 1. RESOLUTION NO. 72-19 A Resolution of the City of Tustin, California, RECOMMENDING AND URGING THE BOARD OF SUPER- VISORS OF THE COUNTY OF ORANGE TO REQUIRE CONDITIONAL USE PERMITS FOR SERVICE STATIONS AND TAKE-OUT FOOD ESTABLISHMENTS IN UNINCORP- ORATED TERRITORY OF ORANGE COUNTY. At the Mayor's request, the secretary read Rasolution No. 72-19 by title. Moved by Marsters, seconded by Oster that further reading be waived and Resolution No. 72-19 be passed and adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: X. OLD BUSINESS NONE. XI. NEW BUSINESS 1. GRANT OF SEWER EASEMENT ACROSS CITY PROPERTY Moved by C. Miller, seconded by Marsters that the Mayor and City Clerk be authorized to sign the appropriate document as lapproved by the City Attorney creating the sewer easement subject to the School District's concurrence with the City's right to connect to this sewer line. Carried unanimously. 2. CONSTRUCTION OF TUSTIN-NEWPORT STORM DRAIN (Newport Avenue from Mitchell Avenue to Laguna Road) Moved by L. Miller, seconded by C. Miller that the plans and specifications for construction of the Tustin-Newport Storm Drain be approved. In reply to questioning by Councilman C. Miller, Mr. Blankenship explained that"this project is an extension within Tustin City limits of a storm drain recently installed in Newport Avenue from the Santa Ana-Santa Fe Channel northerly to Mitchell Avenue. Above motion carried Unanimously. XII. OTHER BUSINESS 1. FIRST AND "C" STREET PARK DEDICATION The Council approved Saturday, April 29, at 9:00 a.m. as the date and time of the First and "C" Street park dedicatiQn, as recommended by the Parks and Recreation Commission. Council Minutes 4/3/72 Page 4 2, P-U.C.'.DECISION RE: ATSF SWITCHING ~'Bi~'n~ip stated ~hat the f'Pubti~' Utilitf~~ ~ConuniSsion .has ord~r~ that ATSF Railway refrain from use of switch engines and the switching of freight cars between the hours-o..f 10:00 p.m. and 7:00 a.m. on th~ CaSe-Swayne run-a-round, the Irvine siding, the Irvine spur, and the Como siding, esc. A full transcript of the decision is on file at the City Administrator's office. The Mayor requested that a copy6f the decisidn be forwarded to the Tustin Meadows Homeowners Association.- 3. PENDING LEGISLATION (LEAGUE BULLETIN, 3/24/72) Mr. Blankenship announced that Congressman Wilbur Mills' revenue sharing measure (HR 11950) will be up for a'finat vote by the House Ways and Means Committee on April 11. It is expected that some version of the measure can be approved by the House and Senate this summer. He recommended that the City urge adoption of this to relieve property tax burdens. Councilman C. Miller stated that the Council's position on this subject has been made known in the past, and there is noneed to take a stand on it again. He felt that certain bills before the State Legislature are more important. After some discussion, the Council expressed support of the following bills: AB 974 (Duffy). County Services. Costs Paid By B~enefi'Ci'a~ies. SB 411 (Bradley). Sales and Use Taxes. Utility Exemption Eliminated. AB 596 (Barnes). Police Pensions. Dispatchers. PERS. Th'e'C~un~il/wishe~'~to go on "record as being opposed to the following: AB 452 [Z'berg et al). Policemen and Firemen. Pensions. ACA 50 (Cozy). Policemen and Firemen. Uniform Retirement and Disability Allbwances. AB 73 CQuimby)~ Liability. Policemen. AB 599. Workmen's Compensation. Safety Members. Disability Leave. SB 437 (Richardson). Campers. Living In On City Streets Permitted. Mayor Coco stated that he would relay Council's position on these matters at the April 13 Executive Meeting of the Orange County Division of the League. 4. RESOLUTION OPPOSING AB 232 The City Council.requested that the Staff prepare a resolution similar to that of the City of Buena Park (Resolution No. 4580) opposing AB 232 (Townsend), relative to Employee Organizations, Time Off to Prepare for Representation. Council Minutes 4/3/72 Page 5 5. GRAND JURY QUESTIONNAIRE RE: VISUAL POLLUTION The staff was instructed to complete an Orange County Grand Jury Questionnaire relative to visual pollution. Councilman L. Miller recommended that response to Question 8, A-G, should be "No, except in County are as". The other.Councilmen concurred in this. Councilman C. Miller suggested that since our main problem is lax County ordinances, that response should carry this point, with inclusion of some recent examples. Mayor Coco agreed, stating that there are many recent and past examples, and that AB 974 (Duffy), County Services--Costs Paid by Beneficiaries, as well 'as some SAMCO activities, fall into line with this° 6. UNITED CEREBRAL PALSY MONTH Moved by L. Miller, seconded by C. Miller that the month of September, 1972, be designated Cerebral ~alsy Month in Tustin, and that solici- tation for funds within the City be permitted, as requested by the United Cerebral Palsy Association of Orange County. Carried unanimously. 7. RESIGNATION RUMORS Councilman Marsters stated that he had received several phone calls about imminent resignation from the Council by Len Miller. Mr. Marsters felt that if such was Mr. Miller's intention, he rightly should tender his resignation prior to the April 11 election. Councilman Len Miller stated that upon reconsidera- tion of the matter, he decided not to resign his Council seat. '8. LITTLE LEAGUE FENCES At the request of Mrs. Jean Adams of the Tustin Business and Professional Women's Club and upon direction by the Mayor, the secretary read a letter dated March 27, 1972, from that organization pro- testing the Council's decision to allow plywood advertising fences to be erected at the First and "C" Street park. Their opposition was based on concern that such fences would detract from the appearance of the park and the i'rregularity of permission being granted to a special interest group to erect .advertising fences on public property. Dr. Aura McConnell, 15500 Tustin Village Way, Tustin, supported these views based on the possibility of a precedent being set. Mayor Coco stated that he discussed this with various members of the Business and Professional Women's Club after the Council vote, explaining that after a lengthy discussion, the Council voted unanimously to approve the fences because they would be removed permanently at the end of the CoUncil Minutes 4/3/72 Page 6 Lit~e-~L~ague~asQn~ June 26~ and that the Council In response to questions by Coun:i!man Marsters, Mrs, Adarns stated that her sign ~s no~'~f any great benefit to her business, and that she would be satisfied with a small plaque posted at the hot dog stand in lieu of the large sign. The Council ~iscnssed the possibility of other advertisers agreeing to such an arrangement, with the Little League still getting their ad revenue without erecting plywood advertising fences. They agreed that the staff should contact the other four advertisers about such a plan,~ which would benefit all ~oncerned. 9. SOLID WASTE COLLECTION Mr. Chuck Waltman of Toro Disposal Service, 24241 Larkwood Lane, E1 Toro, stated his objection to that portion of Ordinance No. 540 (adopted earlier in the meeting) which provides for an exclusive contract for solid waste collection, including commercial and industrial, and allowing only 'two to four weeks to obtain necessary equipment after award of the contract. Mr. Waltman stated that his company currently handles ab'out one-sixth of the commercial pickup in TUstin, has entered into contracts for this service, and has invested about $15,000 in bins. Again referring to the time limitation in the bid specifications, he main- tained that probably only Holthe Disposal would be in a position to bid on this contract due to availability of equipment, while a 90-day allowance for delivery of equipment would permit about twelve companies to bid. Mr. Blankenship explained that most comments r~Ceived from contractors dU~ing preparation of the specifications favored an exclusive arrange- ment to get the best overall co~ts. During a bidders' conference held on March 28, the question- of timing was raised, and the contractors were advised to include in their bids the conditions under which they could establish service, in the event that they could noE comply with the timing provision. Whether to allow operation of older equipment temporarily, if a need is indicated in the bid, would be a matter for the Council to decide. Councilman L. Miller suggested to Mr. Waltman that he submit a bid including these alternatives; the Council wouId certainly take this into considera- tion before awarding a contract. In reply to a question by Mr. Waltman, Mr. Rourke. stated that if a company does not have the contract or franchise within the City, then he cannot carry out the terms of contracts already in existence and he did not think that Mr. Waltman or the other parties to these contracts have any liabilities in this situation. He felt that any capital ex- penditure on the part of the company is not a legal problem, but a business risk to invest in capital assets which may not any longer be usable ~n a particular area. Council Minutes' 4/3/72 Page 7 Mr. Blankenship suggested that the successful bidder might be willing to purchase bins in the City owned by other contractors. Ma~or Coco stated that the City tried to maintain -the most open free enterprise with open competitive bidding, as well as contractors' input in the bid specifications and bidding conferences. 10. CITIZEN COMMENTS: MR. PAUL SNOW Mr. Paul Snow, 430 West Main, Tustin, co~ented on the following items of interest to his tax- payers' group: a. Garden Grove's $500,000 budget deficit; b. Proposed Orange County Planning Commission $400,000 budget increase (30-35% increase); c. Citizens' increasing property tax burden; d. Opposition to any thought of the City billing individual homeowners for trash collection; e. Opposition to Ordinance 542 (PZ 72-133, from County E-4 to Tustin R-1 zoning) on the-basis that more homes will require additional class- room space, which in turn will increase tax burden; and f. Projected costs of educating children living in developments in the Irvine annexation area. 11. "TUSTIN'S GOLDEN MILE" Mr.'Eharles Greenwood, 17802 Irvine Boulevard, Tustin, stated that since Irvine Boulevard has developed over the past few years into an attractive street as well as one known throughout the County as a good location for offices, several irvine Boulevard property owners, including himself and Robert Hall, started work on a brochure. Mr. Fleagle assisted in composing some of the material. The brochure, entitled "Tustin's Golden Mile", may be valuable for publicity purposes by the City and the Chamber of Commerce, and for the private use of irvine Boulevard building owners. Mr. Greenwood distributed copies to the Council, and said that there would be copies available at City Hall and at the Chamber. XIII. ADJOURNMENT After some discussion~ it was moved by C. Miller, seconded by L. Miller that this meeting be adjourned to Tuesday, April 18, 1972, at 7:30 p.m., with election results ~o be certified and the new Council seated prior to conduct of regular business. Carried unanimously. MAYOR