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HomeMy WebLinkAboutCC MINUTES 1972 03 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL March 20, 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 Oster. IV. ROLL CALL Present: Councilmen: Coco, C. Miller, Marsters,, L. Miller, Oster Absent: Councilmen: None. Others present: City Administrator Harry Gill City Attorney James Rourke, Asst. City Admin.-Comm. Dev. Ken Fleagle City Clerk Ruth Poe * Councilman Marsters arrived later in the meeting (7:52 p.m.). V~ PUBLIC HEARINGS 1. ZC 72-229 PLANNING COMMISSION INITIATED Planning Commission initiated rezoning of a~ approximate 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. Mr. Fleagle outlined the background of this zone change from staff reports and described the location. Mayor Coco opened the public portion of the hearing at 7:41 p.m. There being no comments or objections he closed the public portion of the hearing. Moved by L. Miller, seconded by Oster that the ~indings of the Planning Commission as contained in Resolution No. 1258 be approved, and the City Attorney be directed to draft the necessary ord- inance. Carried unanimously, Councilman Marsters 2. PZ 72-133 PLANNING COMMISSION INITIATED Application for prezoning of an approximately 2.54 acre parcel from County E-4 (Small Estates) District to City of Tustin R-i (Single Family Residential) District for property located approximately 660 feet north of the centerline of Seventeenth Street, with approximately 340 feet frontage on the west side of Prospect Avenue. Mr. Fleagle summarized the background and location of this prezoninq ection, as reflected in staff reports. and stated that the Flo~'~p~nIl~ad'not~yet been submitted, although the street circulation has been discussed with the applicants, and that units were expected to~be marketed at about $40,000. It is anticipated that a consolidated development, including a parcel to the north recently prezoned to R-l, can be achieved, thereby resulting in only one street cut on Prospect. Mayor Coco opened the public portion of the hearing at 7:47 p.m. There being no comments or objections, he closed the public portion of the hearing. Moved by Oster, seconded by L. Miller that the findings of the Planning Commission as contained in Resolution No. 1259 be approved, and the City Attorney be directed to draft the necessary ord- inance. CouncilmanIC. Miller stated his opposition to this zone change as well as the change in zone for the parcel to the north (prezoning approved by Council on 2/22/72) on the basis that the nature of the neighborhood was being changed by downgrading the zoning, and the possibility of annexation did not justify that. Mayor Coco stated that he was also concerned about the aspect of the neighborhood, but pointed out that R-1 zoning on both parcels was in conformance with the General Plan and the adopted ultimate boundaries of the City, and that upon annexation, development would be under City controls. The increase in den- sity amounts to only three houses in the entire parcel. He felt that the advantages far outweighed the disadvantages. Above motion carried by 3-1 vote, Councilman C. Miller voting no. Councilman Marsters absent. VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES March 6, 1972, meeting. 2. APPROVAL OF DEMANDS in amount Of $222,795.56 Moved by C. Miller, seconded by Oster that Consent Calendar items 1 and 2 be approved. Carried unan- imqusly, CoUncilman Marsters absent. VII. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 538 An Ordinance of the City Council of the City of Tustin,. California, PREZONING PROPERTY ON APPLICATION PZ 72-132 OF GEORGE AND THELMA STOLTE. Property situated on the west side of Prospect Avenue, north of 17th Street and south of Laurie Lane. Council Minutes 3/20/72 Page 3 Moved by Oster, seconded by L. Miller that Ordinance No. 538 have second reading by title only. Carried unanimously, COuncilman Marsters absent. Title of Ordinance No. 538 read by the secretary. Moved by L. Miller, seconded by Oster that Ordinance No. 538 be adopted. Carried. Ayes: Coco, C. Miller, L. Miller, Oster. Noes: none. Absent: Marsters. VIII~ ORDINANCES FOR INTRODUCTION 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. Moved by L. Miller, seconded by C. Miller that Ordinance No. 539 have first reading by title only. Carried unanimously. Councilman Ma~sters absent. Title of Ordinance NO. 539 read by the secretary. IX. RESOLUTIONS 1. RESOLUTION NO. 72-17 A Resolution of the City Council of the City of Tustin, California, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 11TH DAY OF APRIL, 1972, TO BE MADE BY THE CITY CLERK OF THE CITY OF TUSTIN. Moved by C. Miller, seconded by L. Miller that Resolution No. 72-17 be read by title only, and then have further feeding waived and be passed and adopted. (Councilman Marsters arrived at 7:52 p.m.) Above motion carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: none. Absent: none. X. OLD BUSINESS NONE. · XI. NEW BUSINESS 1. APPROVAL OF SOLID WASTE COLLECTION CONTRACT, SPECIFICATIONS AND CALL FOR BID Councilman C. Miller, referring to Section 4726A of the proposed ordinance, stated that the contractor should be required to designate a person approved by the City to act as his representative with authority to act for him when necessary, and that the designated person no~ be replaced without the approval of the contracting agency. Mr. Rourke suggested that the words "approved by City" be inserted after "persons". Replying to Councilmen's questions concerning Hours of Business (Section 4724), Mr. Blankenship stated Council Minutes- 3/20/72 Page 4 that contractorsl.~,~ve=iDd~ated~that a 7:00 a.m. in and get.out earlier,~ based o~a desire for less congestion to avoid traffic problems and delays and the presence of tr~cks on residential streets at times when children are comip~ home from school. There is no provision in the ordinance for a later starting time on Saturday or Subday, or one barring pickup on Sunday. Generally, contractors don't pick up on Saturday or Sunday in residential areas unless there is a holiday or severe weather problems affecting weekday pickup. He felt that such ex- ceptions could be covered by the phrase "provided that the City may waive such limitation when nec- essitated by conditions beyond the control of the contractor", which is contained in the opening sentence of Section 4724. Mayor Coco suggested that waiver should be an administrative matter.. Councilman L. Miller stated that the restriction ~3hould also apply tocommercial collection on Saturday because the main complaint in the past has involved residents near Larwin Square being disturbed by noise from commercial pickup at that location. Mr. Blankenship felt that this situation would be governed by a further provision in the same paragraph: "Commercial collections may be allowed out- side of the'afore-described collection times by the City Administrator provided that the area served and the method of collection used will not disturb residential units in the area." Mr. Rourke suggested a change to read: "Collections shall start at 7:00 a.m. and no collections shall be made between the hours of 8:00 p.m. and 7:00 a.m. nor on Saturday or Sunday." Further down, the sentence starting "Commercial collections. .'." should be changed to read: "Collections may be allowed odtside the afore-described collection times by the City Administrator provided that the area served and the method of collection used will not disturb residential units in the area." Councilman C. Miller stated that an alternative .should be included in the formal proposal to indicate the increase, if any, in costs provided the 7:00 a.m. starting time is enforced, and adopt the ordinance later after bids are submitted indiqating the costs. Mr. Blankenship suggested that the ordinance be introduced, and if the Council should later want to accept a contract proposal that differs from the ordinance, the ordinance could be changed. A delay might require adoption of the ordinance as an urgency measure. Mr. Gill suggested that prohibition of collection on Saturdays would involve the necessity for added Council Minutes 3/20/72 Page 5 equipment and crews on weekdays, although it. could be prohibited abutting residentialareas. Councilman Oster also favored introducing the ordinance with modifications as set forth by the City Attorney, which prohibited any pickup on Saturdays or Sundays without a waiver from the City Administrator. Moved by Oster, seconded by Marsters that a. bid documents be approved as amended by in- clusion of alternate bidding request; b. Ordinance No. 540, as ended (Section 4724, deleting pickup on Saturday and Sunday with the City Administrator having authority to waive these restrictions when necessary, and Section 4726, by addition of words "approved by City" after "persons"), have first reading by title only; c. Resolution No. 72-18, with change in line 14 to provide for bid opening at 11:00 a.m., April 14, 1972, have first reading by title only; and d. that further reading be waived and Resolution No. 72-18 be passed and adopted. Motion carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: none. Absent: none. Titles of Ordinance No. 540 and Resolution No. 72-18 read by the secretary. XII. OTHER BUSINESS 1. RABIES VACCINATION CLINIC Mr. Gill stated that the County has requested per- mission to hold .a rabies clinic at the Market Basket parking lot in Tustin on June 1, with the cooperation of private veterinarians. The City Fire Department has no objections; Police and Planning Departments concur that the clinic should be conducted on the west side of the parking lot behind the market as there would be a vacant field adjacent to the paved area and this would ease any traffic congestion. These clinics had formerly been held in Prentice Park in Santa Ana. Moved by Marsters, seconded by L. Miller that the request to hold a rabies vaccination clinic on June i in the Market Basket parking lot be approved. Carried unanimously. 2. LITTLE LEAGUE REQUESTS Mr. Gill stated that the Little League has requested permission to erect plywood fences with advertising in the First and "C" Street park, and referred to the Recreation Director's March 16 report on the matter which recommended utilization of portable fences rather than temporary fences for the duration of the season. The Parks and Recreation Commission has confirmed this recommendation. Mr. Bob Chamberlain, 1372 Kenneth Drive, Tustin, of Tustin National Little League, urged Council approval of the request. Council Minutes 3/20/72 Page 6 Mr. Dick DeHart, 2042 Fallen Lea~ Place, Tustin, as~ciatedUwi~TUstin National ~ittle Le~gue~ asked about the Parks and Recreation Commission discussions on this matter, stating that their main concern is maintaining Little League regula- tions Mr. George Ritsi, Vice Chairman of the Parks and Recreation Commission, stated that at a workshop meeting held on Saturday, March 18. for the purpose of reviewing park name entries, the Commission reviewed the staff report on the Little League matter in view of its urgency. Foilowing dis- cussion, the Commission unanimously agreed with the staff report; they would not like to see the fences erected on a permanent basis for the entire seasBn, as the park's open space value would be diminished by the presence of the fences during times when the diamonds are not in use. Mr. Chamberlain disputed parts of Jack Harrison's report, stating that 350 boys would b~ unable to play baseball if the area is not fenced in; that their season runs only through June 26; that of 18 leagues in District 30, at least nine have advertising fences; that several parks in the Santa and Orange areas are no larger than the First and "C" Street park and still accommodate these fences. Mayor Coco stated that while he understood the necessity of the Little League occupying this park temporarily as a result of unplanned delays in their future location, still this park is the first major project under the people's bond election, and it will be watched with great interest for its beauty. If fences are mandatory, couldn't they be removable or at least see-through for the ten-week period, without advertising? In reply to this, Mr. Chamberlain stated that he was not opposed to chain link fences and that, speaking for himself only, he might settle for the chain link fence without advertising. Councilman C. Miller suggested use of see-through wire and wood fences {"snow-fences") such as those used at Columbus Tustin School, to be left up for the ten-week season. He was against advertising in a public park. Mr. Dick Bannon, 1571 Lanai Way, Tustin, of Tustin 'National Little League, stated that money is critical, and that they are reluctant to invest funds in fencing at the City park because of a sizable financial commitment to their permanent installation at th~ Red Hill/Sycamore School, which is not ready for use this season. Each sign brings in about $50.00 for advertising, and these fences would be around the major league field only. A ~isCussion followed during which the actual hours of play during the season were clarified. Moved by Oster, seconded by Marsters that the request of Tustin National Little League to install temporary fencing with advertising around their major league dia~ond and "snow-fence" fencing around the other two diamonds at the First and "C" Street park for a ten-week period to June 26, with removal of fences to be accomplished by July 1, be approved. Carried unanimously. Council Minutes 3/20/72 Pgae 7 Mayor Coco wanted the record to show that this in no way sets a precedent for Tustin parks, and that the fences will be removed permanently-in June of this year. 3. SANITATION DISTRICT RATE INCREASE Mr. Gill referred to a letter from the County ~on Districts relative to a proposed increase in fees by Sanitation District 7. Councilman C. Miller statea that as a result of a ~tudy by the District staff of cost of providing services to areas potentially developing in higher densities than master-plgnned, it was determined that unless charges are Increased for multiple developments, single-family dwellings are actually subsidizing sewage treatment for multiple develop- ments. It is calculated that equitability can be achieved by increasing connection fees for multiple developments to $250.00 per unit. Mr. Miller stated that he was in favor of the increase. Replying to Mayor Coco's questions about the high District tax rate which is more than half the City's general tax rate, although the City provides a full range of services, Councilman C. Miller explained some aspects, and suggested that the City Engineer could go over the District's budget and costs if more information~is desired. He said that he would -- relay Council's comments to the District Board of Directors. 4. EASEMENT TO TUSTIN WATER WORKS FOR FIRE STATION SERVICE Mr. Gill stated that in exchange for an easement to the Tustin Water Works to provide service to the new fire station, the Water Works would install a fire hydrant at no charge to serve the fire station' and maintenance yard facilities. Moved by C. Miller, seconded by L. Miller that the Mayor and City Clerk be authorized to sign the easement agreement. with the Tustin Water Works. Carried unanimously. 5. SAMCO - INTERGOVERNMENTAL COUNCIL COMMITTEE QUESTIONNAIRE Mayor Coco asked that each Councilman complete the questionnaire for Councilmen and Supervisors relative to an intergovernmental council for Orange County, and return it by April 20 to Mayor .. Don Smith or Orange, Chairman of the Intergovern- mental Council Committee of SAMCO. Stamped envelopes have been prepared for the Councilmen's replies. 6. CITIES SELECTION COMMITTEE BYLAWS- Mayor Coco stated that the Cities Selection Committee Bylaws are on file at City Hall for review; these are scheduled to be voted on by the mayors on April 13. In addition, the proposed statutory amend- ments relative to the Cities Selection Committee are also on file. Council Minutes 3/20/72 Page 8 The Council discussed the problem of certain uses such as service stations and take-out food establish- ments being permitted by right of zone by the County in areas adjacent to city boundaries. The Council favored communication to the Board of Supervisors stating the Council's position on this, and request- ing an amendment to the County Zoning Ordinance to require public hearing and use permits for such usds. After further discussion, the staff was directed to prepare a resolution requesting such an amend- ment to the County Zoning Ordinance; upon its adoption and signature by all five Councilmen, the resolution is to be sent to the League of Cities, Orange County Division, for communication to other Orange County cities. Mayor Coco stated that the Urban Adjacent Areas Task Force is looking into such disparities between city and County standards. 8. RESOLUTION RE: ENFORCEMENT OF BROWN ACT Councilman C. Miller requested that a resolution similar to that of the City of Costa Mesa be drafted urging the State'Legislature to govern themselves in conformance with anti-secrecy principles in the conduct of all their business, as.provided for under the Brown Act. 9. COMMENDATION Councilman L. Miller acknowledged a letter of com- mendation directed to Police Chief Glenn Sissel by Chief Gourley of the Buena Park Police Depart- ment on the outstanding job done by Officer Fred Donahue in acting as Coordinator of the Explosive Devices Seminar in cooperation with the Alcoholic, Tobacco, and Firearms Division of~the Internal Revenue Service and Santa Ana College. 10. CENTER ISLAND Mayor Coco acknowledged receipt of a letter to the City from Mrs. Richard E. Spisak, 13561 Diamond Head Drive, Tustin, commending the con- structio~ of center islands and tree plan~ing on Red Hill Avenue between First Street and Bryan Avenue. 11. AGENDA PACKETS FOR PUBLIC Mr. Ralph Welsh,,Jr., 1321 East First Street, Tustin, a candidate for City Council, thanked the Council for action taken to provide candidates with backup information related to official meetings. He recommended that ~'lch materials, and staff meeting minutes, be made ~ailable for public review also. Mayor Coco stated his complete agreement with this suggestion- It was decided that agenda materials relative to City Council and Planning Commission meetings, as well as staff meeting minutes, will be kept avail- able at City Hall and at the Police Department for public perusal. Council Minutes 3/20/72 Page 9 12. RED HILL FIRE STATION Mr. Stan Brand, 13102 Woodlawn, Tustin, protested the continued use of the siren at the Red Hill Fire Station, 13112 S. W. Newport Avenue, a County facility. He asked about the possible discontinuance of the use of the facility entirely. He had talked to County officials about this with no results. He asked whether a citizens' petition might be~ffective. Mr. Gill stated that discussions with the County on this subject have been going on for over a year; the City~s position is that they would like to serve the entire area, including unincorporated County islands adjacent to City boundaries. Mayor Coco requested that Mr. Gill keep Mr. Brand informed of developments, including the appropriate time for a petition, if needed. 13. BICYCLE SAFETY Mr. Brand expressed concern about children riding bicycles on the wrong side of the street, facing traffic, rather than keeping to the right side, as required under the State Vehicle Code. xIII. ADJOURNMENT There being no further business before the Council, Mayor Coco declared the meeting adjourned at 9:33 p.m. to a Personnel Session. =~CLERK ~