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HomeMy WebLinkAboutCC MINUTES 1972 03 06 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL March 6, 1972 CALL TO ORDER Meeting called to order at 7:35 p.m. by Mayor Coco. II. PLEDGE OF ALLEGIANCE Led by Mayor Coco. III. INVOCATION Given by Councilman C. Miller. 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. Devel. Ken Fleagle City Clerk Ruth Poe XI. NEW BUSINESS 2. PROPOSAL FOR DEDICATION OF EL CAMINO COMMUNITY BUILDING TO POW/MIA CONCERN. Mayor Coco announced that this item would be taken out of order to accommodate representatives of POW/MIA International who were present. He explained that the City has been asked to consider dedicating a building to POW/MIA'S during their "Week of Concern", March 26 to April 1, 1972; the Civic Center Community Building on E1 Camino Real has been proposed for this consideration. He noted that Mrs. Mary Helber was present to answer questions. Moved by C. Miller, seconded by L. Miller that dedication of the Civic Center Community Building on E1 Camino Real to POW/MIA'S during POW/MIA "Week of Concern" from March 26 to April 1, 1972, be approved, subject to concurrence of Mercury Savings and Loan, donors of the building. 'Carried unanimously. Mrs. Helber added that such dedications would be taking pla6e throughout the U. S. during the National Week of Concern. PUBLIC HEARINGS 1. CONSIDERATION OF STREET NAME CHANGE That portion of Village Drive located within the City limits of the City of Tustin, and lying west of Yorba Street to Heights Drive. Mr. Fleagle stated that .no comments opposing the name change had been received. Ma~or Coco opened the public portion of the hearing at 7:42 p.m. Mr. I. O. Witte, 14501 Heights Drive, Tustin, stated that the designation "Village Drive" has been misleading to persons looking for Heights Drive. Renaming of this portion .to "Heights Drive" would eliminate such confusion. Council Minutes 3/6/72 Page 2 There=being no further comments or ob~ M~yorCoco closed the public hearing at 7:44 p.m. Moved by L. Miller, seconded by Oster that "Resolution No. 72-15, CHANGING DESIGNATION OF THAT PORTION OF VILLAGE DRIVE LOCATED WITHIN THE- CITY LIMITS OF THE CITY OF TUSTIN AND LYING WEST OF YORBA STREET TO HEIGHTS DRIVE, be read by title only, and passed and adopted.. Carried. Ayes: Coco, C. Miller, MarsterS, L~ Miller'~7' oster. Noes: none. Absent: none. Title of Resolution 72-15 read by secretary. 2. ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT NO. 1 - Within Red Hill Avenue south of Sycamore Avenue. Mayor C6co opened the publicsportion of the hearing at 7:46 p.m. There being no comments or objections, he closed the~public portion of the hearing. Moved by Marsters, seconded by Oster that Resolution No. 72-16, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1,'~ve first reading by title Only. Carried unanimously. Title of Resolution No. 72-16 read by secretary. Moved by Marsters, seconded by Osterthat further reading be waived and Resolution No. 72-16 be passed and adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. M~?ler, Oster. Noes: none. Absent: .none~ · VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - February 22, 1972, ..... 2. APPROVAL OF DEMANDS in amount of $97,458.49 3. TRACT NO. 7332, LOTS 1 THROUGH 32 Acceptance of improvements adjacent to Lots ,1 through 32, in Tract ~332 and extension of Subdivision and ~Monumenting Agreements to December 31, 1972, with none of the subdivision bonds being exoneratedat this time--as recommended by the City Engineer. .... 4. STREET IMPROVEMENTS - YORBA STREET FROM NORWOOD PARK PLACE TO 250 FEET SOUTHERLY Acceptance of the work and authorization Of .... ~'~' ~' ~'~ payment of $5,893.25 to be charged to AccOunt No. 961-12, which represents 90% 6f the .~6tai contract amount. Assuming that no liensor other claims are filed within the next 35 days, the final 10% of $654.81 be paid at " that time--all as recommended by the City Engineer. ~' 5. STREET IMPROVEMENTS - "B" STREET FROM FIRST STREET TO SECOND STREET. (See next page) Council Minutes 3/6/72 Page 3 Acceptance of the work and authorization of payment of $7,080~56 to be charged to Account No. 971-02, which represents 90% of the total contract amount. Assuming that no liens or other claims are filed within the next 35 days the final 10% of $786.73 be paid at that time--all as recommended by the Parks and Recreation Director. Moved by C. Miller, seconded by Oster that all items on the Consent Calendar be approved. · Carried unanimous ly. VII. ORDINANCES FOR ADOPTION 1. ORDINANCE N0. 537 · An Ordinance of the City of Tustin, Calif- ornia, ENDING ARTICLE V, SECTION 80 OF THE TUSTIN SIGN ORDINANCE, NO. 438, PERTAIN- ING TO REAL ESTATE SIGNS IN RESIDENTIAL DISTRICTS. Moved by L. Miller, seconded by C. Miller that Ordinance No. 537 have second reading by title o onlAF. Carried unanimously. Title of Ordinance No. 537· read by secretary. Moved b~ C. Miller, seconded by Marsters that -Ordinance No. 537 be adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. Ml~'f~er, Oster. Noes: none. Absent: none. VIII. ORDINANCES FOR INTRODUCTION 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 Seventeenth Street and south .of Laurie Lane. Moved by Oster, seconded by L. Miller that Ordinance No. 538 have first reading by title only. Carried unanimously. Title 0f Ordinance No. 538 read by secretary. IX. RESOLUTIONS 1. RESOLUTION NO. 72-12 A Resolution of the City Council of the City of Tustin URGING THE LEAGUE OF CALIFORNIA CITIES AND THE COUNTY SUPERVISORS' ASSOCIA- TION OF CALIFORNIA TO MODIFY THE RULES ESTABLISHED BY PUBLIC UTILITIES COMMISSION CASE NO. 8209 FOR UNDERGROUNDING EXISTING UTILITY LINES. 2. RESOLUTION NO. 72-13 (See next page) Council Minutes 3/6/72 Page 4 A Resolution of the city Council of the City of Tustin, Urging the League of California CITIES AND THE COUNTY SUPERVISOR'S ASSOCIA- TION OF CALIFORNIA TO SUPPORT AN INCREASE IN THE AMOUNT OF FUNDS NOW BEING SET ASIDE FOR UNDERGROUNDING OF EXISTING UTILITY LINES. At the Mayor's request, the secretary read the titles of Resolutions 72-12 and 72-13. Moved by C. Miller, seconded by Marsters that Resolutions 72-12 and 72-13 be passed an~ adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: none. Absent: none. The CounCil commended the staff for follow-up work on th~se resolutions. OLD' BUSINESS 1. PROPOSAL FOR ACQUIRING SURPLUS PROPERTY AT BENETA WAY. Continued from 2/7/72. Moved by C. Miller, seconded by Oster that the City Council accept the County proposal, and enter into the lease-option agreements with the County and Tus~in Elemehtary School District for the acquiSitiOn Of the respective surplus property, with financing to come from Park Bond funds. Mr. Gill-explained that the initial payment was expected to come from Park Bond monies, although. the Parks and Recreation Commission had recommended that the $100 annual payment come out of the General Funds. The Council may determine which fund will provide the future payments. Councilman Oster stated"that the motion does provide a determination at this time as to the source of~funding Moved by C. Miller, seconded by L. Miller that the above motion he amended to provide that all cash payments with the exception ofthe S100 annual payment come from Park Bond funds. Mr. Don Allison, 1208 Bryan, TuSti~, a member of the Parks and Recreation Commission, strongly urged use of General Fund monies, as acquisition of surplus land was not anticipated under the Park Bond issue, and is therefore not in the Park.budget. Councilman Oster noted that interest earned on Park Bond monies will cover the costs of this, and this source of funding is appropriate since the property is contiguous to a planned park site and will be a part of that park. Mr. Allison stated that this interest will be absorbed by higher land costs as a result of delays in acquisition. He stated, however, that if there were no other source of funding available, he would be in favor of use of Park Bond funds for this purpose. Mr. Oster stated that hewould be opposed to the acquisition unless funding was by means of Park Bond funds, and called for a vote on the original 3/6/72 Page 5 motion which included a provision for financing this acquisition entirely through Park Bond funds. 9riginat motion carried unanimously. XI. NEW BUSINESS 1. ORANGE COUNTY COORDINATED LAW ENFORCEMENT RADIO SYSTEM - JOINT POWERS AGREEMENT Moved by C. Miller, seconded by Oster that the Joint Powers Agreement relative to Orange County Coordinated Law Enforcement Radio System, be approved. and the Mayor and City Clerk authorized to execute said agreement. Carried unanimously. 2. PROPOSAL FOR DEDICATION OF EL CAMINO REAL COMMUNITY BUILDING TO POW/MIA CONCERN. This item was taken out of order. See page one. XII. OTHER BUSINESS 1. REPOWERING OF SEAGRAVE PUMPER TRUCK Moved by C. Miller, seconded by Oster that bid for repowering of Seagrave 100 G.P.M. Pumper Fire Truck from gasoline to Cummins diesel engine power be awarded to the low bidder, Lawless Detroit Diesel, in the amount of S11,799.17, in accordance with staff recommendations. Carried unanimously. 2. AGREEMENT WITH FIRST WESTERN BANK Moved by Oster, seconded by L. Miller that the Mayor and City Clerk be authorized to execute agreement with First Western Bank for their acceptance of City's bonded indebtedness in connection with annexation of their property to be developed by Andrews Development Company. Carried unanimously. 3. TRASH COLLECTION SERVICE SPECIFICATIONS Mr. Gill announced that the bid specifications on trash collection services in the City had been distributed to vendors, and favorable feed- back was being received. Maximum coverage through the Chamber 0f Commerce and the press is being sought, and the specifications are available for review at City Hall. The specifications should be finalized and a bid opening date set at the next Council meeting. He commended Mr. Blankenship's efforts in preparing these specifications. 4. MATTERS OF COUNCIL CONCERN: STREET ADVERTISING Mr. Fleagle gave an account of numerous staff con- tacts with the owner of a Red Hill Avenue barber shop engaged in unauthorized.street advertising; these efforts to obtain compliance with the Sign Ordinance have been ignored. Following a brief discussion, it was move~__~.b Marsters, seconded byC. Miller that t'~C[ty Attorney be authorized to proceed with legal action against the barber shop owner. Carried unanimously. Council Minutes 3/6/72 Page 6 5. FIREWORKS ~ · should not be outlawed, inaSmuCh'as they constitute 'a tradition, non-profit organizations realize sub- stantial revenue from the sale of fire_works, and proper.-supervision would minimize the possibility of injury or property damage. Mayor Coco stated that he would vote accordingly onthis issue at the~March 9 League of Cities Executive Meeting. 6. STAFF MEETING MINUTES CouncilmanOster urged continuing'distribution of Staff Meeting minutes to the City COuncil. 7. PARK NAMING MaTor Coco announced that suggestions for namigg of the First and "_C, Street park will be accepted until March 17, 1972. 8. DISTRIBUTION OF SALES TAX Council discussed aResolution of the Norwalk --City Council requesting the State Legislature to~ revise the'manner in which sales-tax revenues are distributed. The Council agreed that the suggested distribution system wouldbe less beneficial to the City of Tus~inthan the present system. 9. PROPOSAL FOR REAPPORTIONMENT COMMISSION The Council briefly discussed a Senate Constitutional Amendment, SCA 2, recently introduced in the State Senate by Arlen Gregorio, which would establish an independent nonpartisan reapportionment commission. The Council took no action on the proposal. 10. AGENDA MATERIALS TO BE PROVIDED CANDIDATES Mr~ Richard Dorabrow, 14928 Newport Avenue, Tustin, a candidate for City Council, asked that the staff reports and other backup material related to agenda items be provided to Council candidates. Ma~or Coco spoke strongly in favor of the proposal. Moved by C. Miller, seconded by L. Miller that distribution of City Council and Planning Commission agenda material to Council candidates be approved. Carried unanimously. During discussion which followed, it was decided that these packets would be available at the Police .,Department on Friday evenings, and that minutes of -Staff meetings would also be furnished. 11. CITIZEN COMMENTS: PAUL SNOW ....... Mr. Paul Snow, 430 West Main Street, Tustin, commented on citizens' tax burden, and expressed particular interest in education costs. The staff was directed to obtain figures on annual cost per student from various school districts, and .... forward the information to Mr. Snow, who represents the Tustin Taxpayers Association. Council Minutes 3/6/72 Page 7 12. DEVELOPMENT IN IRVINE ANNEXATION AREA Mr. Don Saltarelli, 14702 Danberry Circle, Tustin, ~aised the following questions about the progress of the Irvine annexation, which were generated by a recent Development Preview Commission meeting which he attended: a. What timing and procedures are to be accomplished before development begins; b. Can the Council involve itself in the determina- tion of equitable community association fees, which appear to be inordinately high in relation to the cosc of the units (based on information provided by Mr. Akins of South Coast Development Company); c. What is the Development Preview Commission's function, and are they and the City Council sufficiently aware of all the facts surrounding the progress of these plans? Mr. Fleaqle replied that the Development Preview Commissi6n's function is twofold. Its advisory .... role involves preliminary review to determine whether or not buildings fit the land and whether enough area has been designated for landscaping, etc., for~ the guidance of the Planning Commission. The Planning Commission then reviews and considers all details of the plan, and may give final approval of the concept or refer it to the Council for final approval. .The DPC'S final role, which follows final approval by the Planning Commission or City Council, involves determination of precise trees, shrubs, colors, rooflines, .traffic circulation, parking layout, and also final control through the development phases after the plan has gone through all other legislative requirements. With regard to Mr. Saltarelli's question, the DPC Chairman had been advised that their function at that meeting was to give a preliminary review of Roundtree plans prior to going to the Planning Com~ mission, in order to determine the feasibility of the project within the land dimensions~ and that this was not the final review. Returning to the issue of commuhity association fees, Mr. Saltarelli stated that exorbitant fees could result in failure of residents to pay them and subsequent aesthetic deterioriation of the develop- ment. Replying to Councilmen's questions, Mr. Rourke stated that the City has always reviewed CC &R's as part of its approval of developments, but he was not aware of any limitations as to the amount of assessment that could be made. He thought that such provisions could be included, although it would be beyond the usually understood position of the City to try to evaluate ehe economic viability of the development. Mr. Fleagle stated that the overall design concept plan will be presented to the Planning Commission at their March 13 meeting; if acceptable', the developer can proceed with preparation of tract maps, in conjunction with which copies of the CC.& R's must be submitted to the City and to the State Real Estate Board. These are subject to .~ ~- ~ Council M~nut 3/6/72 Page 8 review at ~'st~7~~times bythe Plan~lng ~.. ~,Commissio~ and finally by the City Council.-The =~ ~'CounCil i~'~being k~ptI~i'hf~rmed of~"~"Progre~I~°n these developments. Mr.,j~seph~LangleX~_!!4782 Hillsboro, Tustin, asked about ~he p0ss~b~y of allowing the developers excessive flexibility to make changes in the development. Mr. Fleagle explained that the City Council. required de'veIlopment in three stages to assure that the units will be marketed. The first stage will be developed exactly as specified by ordinance; if a better design can be incorporatedin later stages as a result of experience with the first stage, a change in the ordinance can be effected by means of a public hearing before the Council. .~__ Mayor Coco pointed out that~he pu~Qse of develu oping in stages-is to pr0te~ ~h~i~yand its citizens, rather than to allow flexibility to the developer. Mr. Fleagle confirmed this, and added that the developer is fully aware of this. Replying~to further questions by Mr. Langley, Mayor Coco stated that wherever an ordinance is applicable, its provisions c~nnot be C~anged by the CC & R's or homeowners' association. Provisions within the CC & R's can be amended by a specified percentage of the homeowners. Mr. George Ritsi, a member'of the Parks and Recrea- tion Commission, stated that plans relative to p~rk land and open space should be reviewed by the Parks and Recreation Commission to assure that they meet City standards, and that the Commission's findings as a result of such review should be made binding by any agreement made in regard to develop- ment. ..... Following further discussion about parks in Roundtree and Ayres developments, Mayor Coco sug- gested that it might be helpful 'If the Parks and Recreation Commissioners attended the Planning Commission meeting on March 13, and also received inpue on Ayres' subdivision plans. XIII~ ADJOURNMENT Moved by C. Miller, seconded by Oster that the meeting be adjourned. Carried unanimously. (9:'08 p.m.) '~R