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HomeMy WebLinkAboutCC MINUTES 1972 02 07 MINUTES OF A REGULAR MEETING TUSTIN CItY COUNCIL February 7, 1972 CALL TO ORDER Meeting called to order at 7:50 p.m. by Mayor Coco. II. PLEDGE OF ALLEGIANCE Led by Mayor Coco. III. INVOCATION Given by Councilman L. Miller. IV. ROLL CALL Present: Councilmen: Coco, C. Miller, Marsters, L. Miller, Oster. Absent: Councilmen: None Others present: Asst. City Administrator Dan Blankenship City Attorney James Rourke Asst. City Administrator - Community Development, Ken Fleagle City Clerk Ruth Po~ V. PUBLIC HEARINGS NONE. VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - January 17, 1972, meeting. 2. APPROVAL OF DEMANDS - in amount of $385,919.41 Moved by C. Miller, seconded by L. Miller that both items on the Consent Calendar be approved. Car~ unanimously. VII. ORDINANCES FOR ADOPTION NONE. (HOLTHE AGREEMENT) AGREEMENT WITH HOLTHE DISPOSAL SERVICE Mr. Blankenship explained that the agreement with Holthe Disposal Service expired on December 31, 1971, and that since that date, Holthe has been providing service on an interim basis while negotiating an agreement for service for a temporary period of four to six months. Discussions had been concluded that afternoon and it was felt that an equitable arrangement had been reached. The rate agreed upon is $1.24 per meter for a four-month period retro- active to January 1, for 4,107 meters currently within the City, with the number of meters to remain constant during the period of this temporary agree- ment. The total cost to the City will be $2,321.32. In addition, the Holthes had requested that this contract go out for bids at the earliest.possible date, with award about May 1. Moved by L. Miller, seconded by Marsters that ~taff recommendations on this matter be approved for the interim period specified. Carried unanimously. Council Minutes 2/7/72 Page 2 VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 536 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 71- 228 OF DAN JONES, ET AL. Location: Southwest corner of Seventeenth Street and Prospect Avenue. Moved by L. Miller, seconded by Oster that Ordinance No. 536 have first reading by title only. Carried unanimously. Ordinance title read by the secretary. IX. RESOLUTIONS 1. RESOLUTION NO. 72-7 A Resolution of the City Council of the City of Tustin, California, CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 11TH DAY OF APRIL, 1972, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE ,STATE OF CALIF- ORNIA RELATING TO GENERAL LAW CITIES. 2. RESOLUTION NO. 72-8 A Resolution of the City Council of the City of Tustin, California, SETTING DATE FOR HEARING FOR CONSIDERATION OF CHANGE OF NAME OF THAT PORTION OF VILLAGE DRIVE WEST OF YORBA STREET, WHICH IS WITHIN THE CITY OF TUSTIN. 3. .RESOLUTION NO. 72-9 A Resolution of the City Council of the City of Tustin, California, OPPOSING THE SERVICE OF ARREST AND BENCH WARRANTS BY THE ORANGE COUNTY MARSHAL'S OFFICE. 4. RESOLUTION NO. 72-10 A Resolution of the City Council of the City of Tustin, MAKING FINDINGS ON CHAPTER 27 OF THE 1911 ACT PETITION AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO PROCEED WITH THE STEPS NECESSARY FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS. Councilman Marsters asked that Resolution No. 72-9 be removed from consideration at this time an accordance with staff recommendations. Moved by Marsters, seconded by Oster thau Resolutions 72-7, 72-8 and 72-10 be read by title only. Carried unanimously. Titles of Resolutions 72-7, 72-8 and 72-10 read by the secretary. Council Minutes 2/7/72 Page 3 Movedby C. Miller, seconded by L. Miller that Resolutions 72-7, 72-8 and 72-10 be passed and ~. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller,~ Noes: none. Absent: none. Mayor Coco explained for the benefit of the audience that adoption of Resolution No. 72-9, which opposed service of arrest and bench warrants by the Orange County Marshal's Office, is no longer necessitated, inasmuch as the courts have now agreed that city police agencies will continue to serve these warrants. OLD BUSINESS 1. DEVELOPMENT PREVIEW COMMISSION APPOINTMENT (Continued from 1/17/72) Mayor Coco announced that the Council had inter- viewed four applicants (William F. Reed, Gene Miller, John Jamieson, and Beverly Miller) prior to this evening's meeting. Councilman Oster stated that as a result of the interviews, he felt that William F. Reed was the best qualified candidate. Moved by Oster, seconded by Marsters that William F. Reed be appointed as a member of the Development Preview Commission to fill the unexpired term of Robert Hall, with term to expire September 5, 1973. Carried unanimously. The City Council then directed that a resolution of commendation be prepared for adoption and presenta- tion to Robert Hall at the next regular meeting, for his service on the Development Preview Commission. 2.' PROPOSAL FOR ACQUIRING SURPLUS PROPERTY AT BENETA WAY. (Continued from 1/17/72) Mr. Blankenship recommended withholding action on the County's proposal involving lease-option agree- ments with the County and the School District at this time due to the possibilityof a more advanta- geous proposal from the County at a future date. The County of Orange is currently attempting to obtain 100% discount from the State on surplus lands earmarked for park and recreational develop- ment, as part of its 1972 legislative program. Favorable consideration of this proposal by the State would benefit the County and could ultimately benefit the City of Tustin. MaTor Coco said that he and the City Administrator had discussed this with Supervisor Ralph Clark, and he may be able to assist the City in obtaining the surplus land at a 100% discount. Moved by Councilman Oster, seconded by L. Miller that this matter'be tabled and that the staff report to the Council on negotiations with the County at their earliest opportunity. Carried unanimously. Council Minutes 2/7/72 Page 4 3, JOINT CITY-COUNTY PROJECT: CONSTRUCTION. OF STORM DRAIN IN BRYAN AVENUE FROM BROWNING TO RED HILL. (Continued from 1/17/72) Councilman C. Miller stated that the City Engineer:s January 31 report discusses the priority of this project primarily as compared with other flood control projects, rather than with other capital improvemenn items, such as certain street improvements, etc. He felt that an expenditure of $110,000 might possibly be better applied to a project more visible and more immediately beneficial to the City. Mayor Coco noted that there is a February 14 deadline on acceptance of the County's 50-50 cost sharing offer, and expressed his concern that development of the Newport-Main-Bryan triangle will contribute more runoff at the intersection of Red Hill and Bryan. Mr. Blankenship stated that a joint project at this time would be advantageous to the City, not only from a financial standpoint. Irregular City boundaries have heretofore caused right-of-way problems pre- venting implementation of pro3ects to which Gas Tax funds can be applied. Proceeding on this project would not cause any significant problem as there are only limited projects to spend Gas Tax monies on until such time as annexations somewhat regularize the City ' s boundaries. Moved by Oster, seconded by L. Miller that the concept of participation in joint City-County storm drain in Bryan Avenue from Browning to Red Hill be approved. Carried unanimously. 4. TUSTIN TILLER DAYS REPORTS Mr. Fleagle announced that a request had been received to continue this matter for two weeks in order to allow the Tustin Jaycee~ and Tustin Tiller Days, Inc., to coordinate their plans before report- ing to the Council. MoVed by L. Miller, seconded by Ost~r that this matter be continued to the next regular Council meeting. Carried unanimously. XI. NEW BUSINESS 1. APPROVAL OF AGREEMENT - POPULATION ESTIMATE STATE OF CALIFORNIA ~ Moved by L. Miller, seconded by Oster that the Mayor and Cit~ Clerk be authorized to execut~ agreement with the State of California Population Research Unit for a City population estimate. Carried unan~mousiy. 2. TRAVEL REQUEST - INSTITUTE FOR PLANNING COMMISSIONERS Mr. Fleagle explained that the Planning Commission had recommended Council authorization of Planning Commissioner Howard Larnard's attendance at the .? Institute for Planning Commissioners in San Jose, -_ February 23-25; the request included expenses, which were noE expeeted to exceed $200.00. He briefly described the program. Council Minutes 2/7/72Page 5 Moved~by C. Miller, seconded by Marsters that this travel reauest be aDproved, and that fu~dS~0~ expenses ~etranSferred from the unappropriated reserve. Carried unanimously. Councilman L. Miller requested that ~ranscript or material on "How to Renew Small Cities", the subjec~ 0f one of four concurrent workshops scheduled for the Institute, be returned for Council information. 3. RECOMMENDATION FOR TUSTIN UNION HIGH SCHOOL DISTRICT COMMUNITY SERVICE Moved by Oster, seconded by L. Miller that the Council formally request the Tustin Union High School Board to give consideration to allocating Communi~ ~Service Funds for lighting the tennis courts at Tustin High School in the fiscal ~ear 1972-73. Carried unanimously. 4. PROSPECT-IRVINE-NEWPORT ANNEXATION NO. 68 (REVISED) Mr. Fleaale announced that this matter is scheduled for hearing before the Local Agency Formation Commission on February 9, 1972. Moved by C. Miller, seconded by Marsters that the Council request that the Local Agency Formation Com- mission approve amendment of the boundaries of Annexation No. 68. Carried unanimously. 5. FIRE SERVICE NEEDS The Council agreed that they would like to meet with the Fire Chief and Acting Police Chief to discuss recommendations in Mr. Blankenship's January 26 report relative to Fire Service needs. Since it had been indicated that time is crucial in implementing some of these recommendations, the City Clerk was directed to try to reach Chief Hilton and Lt. Heil.be telephone to arrange.a meeting with the Council at the conclusion of the' .public meeting and subsequent Personnel Session. This matter was deferred pending discussions with staff following the meeting. 6. AWARD OF BID - CONSTRUCTION OF NORTHEAST CORNER OF INTERSECTION OF MAIN AND NEWPORT Moved by C. Miller, seconded by ester that contract for Chapter 27 construction at Newport and Main be awarded ~o the low bidder, R. J. Noble, in the amount of $4,705.17. Carried unanimously. XI~. OTHER BUSINESS 1. EMERGENCY POWER SYSTEMS Mr. Blankenship expanded on content of M~intenance Superintendent's January 19 report by explaining that approximately $1,500 could be saved by not supplying emergency power to City Hall entirely. To supply emergency power to the switchboard only~ an automatic ~elay switch would have to be installed at each of two circuit breaker boxes which are located in separate areas of two adjacent buildings at 140 West Second. This step cannot be bypassed Counci 1 Minutes 2/7/72' Page 6 by wiring into an existing line, since Edison Company power and the generator would be on at the same time, which would damage the generator and possibly the building. Councilman Oster asked that the staff work with the Edison Company and Pacific Telephone during the next two weeks to formulate a plan for emergency power to the buildings. Mr. Bud Jackley of the Edison Company indicated from the audience that he would be willing to work with the staff. Moved by Oster, seconded by C. Miller that this matter be continued to the next regular meeting. Carried unanimously. 2. JOINT POWERS CIVIC CENTER-LIBRARY CONSTRUCTION Mr. Blankenship stated that the administrative staff has requested that the Board of Supervisors continue this matter for four weeks in order to allow addi- tional negotiations. He asked for Council reaction to the County's attitude that the site for a library be donated by the City, andits insistence on a prime location (corner of Centennial and Main). Councilman C. Miller suggested that in view of reports, there may be little or nothing on which to negotiate. over the next four weeks. Mayor Coco reported a softening in the County's attitude about donation of the land in that it now appears that they would accept the land in perpetuity for library use with reversion to the City upon discontinuance of that use. He felt that an additional four-week negotiating period might be useful if one or both of Tustin's Supervisors (Caspers and Clark) could be of assistance. When questioned about this situation at a meeting of Fifth District mayors with Supervisor Caspers last week, Mr. Caspers had indicated he would attempt to alleviate the problem of the Library applying his directive about donation of land for libraries too literally in this case.' Mayor Coco recommended extending the negotiations. It was the consensus of the Council that negotiations on this matter be continued by the staff and that they be kept informed of any progress. They also agreed that they were in complete support of the staff in these negotiations. 3. IMPROVEMENT OF YORBA STREET SOUTH OF SEVENTEENTH Mr. Blankenship stated that the City Engineer had reviewed Mr. A1 Enderle's request concerning cost- sharing in this project, and his findings as con- tained in his January 28 report to the City Administrator included a recommendation that the cost-sharing proposal be modified to bring it within the guidelines of Council Policy 40-4 relative to responsibility for general public improvements. It was the consensu~ of the Council that they were in support of the City Engineer's findings; the Council requested that Mr. Enderle be advised of this. Council Minutes 2/7/72 Page 7 4. PROPOSED ANNEXATION - NISSON ROAD The=~Council,.hadnoobjection to this annexation being filed with the Local Agency Formation Commission on February 11 for hearing by that Body on March 8, 1972. 5. COUNTY SR DISTRICT, ORDINANCE 2517 The Council concurred in the Community Development Director's recommendation that the Orange County Planning Commission be advised that there is no objection to the designation of the Santa Ana Freeway as a scenic corridor with the application of the SR (Sign Restrictions) District regulations to the unincorporated areas of the ~Santa Ana Freeway within' Tustin's sphere of influence. 6. PARKS AND RECREATION COMMISSION - 1971 ANNUAL REPORT TO THE COUNCIL The Council commended the Parks and Recreation Commission for an excellent report. 7. COUNCIL CONCERNS: SANTA ANA DENIES PREZONE The Council directed that an acknowledgment be sent to the Santa Ana Planning Commission relative to their denial of a prezone request involving land on the north side of Main Street west of the Newport Freeway between Pasadena and Williams. The proposed zoning and intended high-density development had been opposed by the City of Tustin and the Tustin Elementary School District. ' 8. NEWPORT BEACH RESOLUTIONS RE: UNDERGROUNDING OF UTILITIES The Council directed that Resolutions 7609 and 7610 of the City of Newport Beach relative to under- grounding of utilities be examined by the staff to determine suitability of similar action by the Tustin City Council, with report at the next Council meeting. '9. COMMENDATION OF MUTUAL AID PARTICIPANTS Letters are to be directed from the Tustin City Council to the governing bodies of cities and the County, whose fire units assisted during the office building'fire of January 21, 1972, and to the Santa Ana fireman (Bergen) who was injured during the fire. The letters are to be prepared by the staff for sagnature by the Council at the next meeting. 10. REPRESENTATION AT MEETINGS League Executive Meeting 2/10/72 Len Miller to attend. Mayors' Select Committee 2/10/72 C. Miller to attend. Cfollows League meeting) L. Miller will sub- stitute if C. Miller is still out of town. Community Development 2/11/72 No Council Committee (League) representative. Mayors Task Force 2/17/72 L. Miller to attend. (Intergovernmental Staff to advise him Council) of ~'!~ails (time,etc.) Council Minutes 2/7/72 Page 8 11. SISTER CITY PROJECT - SHIRAHAMA, JAPAN The Council agreed that the proposal submitted by Terry Suzuki, Chairman of Southern California Japan Sister Cities Council, for a sister city program between Tustin and the City of Shirahama in the State of Wakayama, Japan, be explored, providing no financial commitment is involved. 12. CONTRIBUTION TO ORANGE COUNTY PRESS CLUB Moved by Oster, seconded by Marsterm that S25.00 be appropriated as a contribution to the Orang~ County Press Club for an ad in their official yearbook. Carried by 4-1 vote, C. Miller voting no. 13. SIGNAL AT NEWPORT AVENUE OFF-RAMP At the request of Mrs. Lee Wagner, 17331 Jacaranda, Tustin, staff was directed to report on the status of plans to install a traffic signal on Newport Avenue at its Santa Aria Freeway off-ramp, in County territory. 14. SIDEWALKS IN DOWNTOWN AREA Replying to questioning by Mrs. Lee Wagner relative tO sidewalk construction in the downtown area, Councilman C. Miller referred to a portion of the City Engineer's February 2 report to the City Administrator (regarding Chapter 27 petition to improve Laguna Road adjacent to Greinke Petroleum) stating that "recent changes in the Chapter 27 portion of the Streets and Highways Code permit the City Council upon their own motion to order the installation of street improvements fronting on any property (where the City has sufficient right- of-way) without a petition from the property owners and without 50% of the improvements having previously been constructed." MOved by C. Miller, seconded by Marsters that the staff report at the next regular meeting on the steps necessary to order installation of street improve- ments as provided for by above-referenced changes in Chapter 27 portion of the Streets and Highways Code. Carried unanimously. 15. CITIZEN COMMENTS: MR. TOM KEELY Mr. Tom Kelly, 330 E1 Camino Real, Tustin, addressed the Council about his dissatisfaction with lack of progress in redevelopment of the downtown area since .. adoption of the E1 Camino Real Development Plan (Specific Plan No. 1) last year. He felt that parking requirements are inequitable and unrealistic and that related relief measures are impractical. These factors serve to discourage new development on the street, which in turn denies the City a revenue base it needs. He suggested an amendment to Specific Plan NO. 1 to reduce parking require- ments, development of a schedule and budget for implementation of the public works portion of the ordinance, public relations campaign to "sell" ~ -~ 'the area, and consideration of establishment of a redevelopment agency. Council Minutes developments in the central town area. Pre~existing conditions must be corrected by the property owners themselves. He noted that the ordinance had been rewritten and provided a reduction in parking requirements in the sense that it offered alterna~ tives which are not available in other areas of the City; that implementation of the public works portion of the ordinance is underway, and cited examples; that public relations may be needed in many areas but that expenditure of public funds therefor cannot be justified; and that establish- ment of a redevelopment agency would be deemed unacceptable. Councilman C. Miller stated that some means other than a redevelopment agency will have to be found to solve problems on E1 Camino Real, inasmuch as under the Redevelopment Acts, more vacant land tends to be created. He was opposed to this con- cept, and felt that it was not applicable to this situation. Councilman L. Miller stated that in deliberations by the T.N.T. Committee, the Chamber of Commerce, Downtown Business Association, etc., attempts had been made to apply a certain type of character to the street to bring in more trade and traffic, but that most decisions ultimately ended with the business property owners. In reply to questioning, Mr. Fleagle stated that the main obstacle to development seems to be the price of the land and cost of improvements versus the expected return on the property. He felt that a workable solution to the parking situation is a cash contribution to acquire public parking for common use paid for by the people who develop their lots. Elimination of parking restrictions would not be desirable because it was felt that such action would increase land values but would not promote actual construction. Mr. Fleagle mentioned a possible consolidation of undeveloped property (former packing house site, unincorporated section on the south side of Main Street west of Newport, and Mr. Prescott's acreage on Sixth Street) into one development plan which would bring new life to surrounding areas. Councilman Oster felt that redevelopment would not occur on E1 Camino Real un'~il vacant areas are developed. Government cannot solve the problem until a few major property owners take some action. In reply to a question by Mrs. Lee Wagner, Mr. Blankenship stated that there had been an $8,000 allocatl6n for decorative street lighting on E1 Camino Real in the 1971-72 Budget, and offered to report on ~he.status of plans for the proposed lighting at the next meeting. Mr. "Speed" Schuster, 12901 Eveningside Drive, supported previous statements that the property owners mus cooperate to encourage growthin the downtown area. Council Minutes 2/7/72 Page 10 16. REQUEST FOR PROCLAMATION Mr. Norman Ko, 131 Hall Circle, Tustin, requested that the week of February 20-26 be proclaimed Engineers Week in Tustin, in connection with National Engineers Week. Mayor Coco, with the consent of the Council, agreed to support Engineers Week, and instructed the Staff to confer with Mr. Ko about details of the proclama- tion. XIII. ADJOURNMENT Mayor Coco at 9:59 p.m. declared the meeting adjourned to a Personnel Session. CALL TO ORDER The public portion of the meeting reconvened at "' 10:42 p.m. following a Personnel Session and a discussion period with the Fire Chief about Fire Service needs. NEW BUSINESS 5. FIRE SERVICE NEEDS Ma~or Coco briefly enumerated the four recommendations for improved fire service as stated in the Assistant City Administrator ' s January 26 report. Mr. Blankenship introduced a fifth recommendation, for purchase of a 1958 Seagrave 65-foot aerial ladder at a cost of $10,500, which would improve Tustin's fire rating. A discussion followed among the Council concerning the recommendations and which should be implemented at this time. 'Councilman Oster stated his support for the purchase of this equipment for the City, particularly because of industrial development in the south Tustin area. Councilman C. Miller stated that modification of the 1956 Seagrave fire engine is essential, as is the recruitment of an additional firemen, and that the City should begin moving on the South Tustin Fire Station, but felt that eventually some type of joint powers fire service arrangement would have to be worked out among cities in this area and that pursuit of that goal should be a matter of policy. Councilman L. Miller suggested that the matter of · a joint powers communication agreement be explored by the staff, with a view toward inclusion of Santa Aria in such an agreement. Discussion continued among the Council on the proposals, during which Mr. Blankenship described the facilities planned for the south Tustin site. Moved bl~ L. Miller, seconded by .Marsters that a. essential modifications to 1956 Seagrave fire engine at approximate cost of $13,000 be I~ autho ri z e d; b~ purchase of 1958 Seagrave 65-foot aerial ladder at a cost of $10,500 be authorized; '~ ' ' c. Joint Powers Communication Agreement on basis Council Minutes 2/7/72 Page~l of tri-city participation (to include Santa'~.~ Ana~ be ~eXplored by the staff, and the City~- of Orange be so advised; d. establishment of a South Tustin Fire station on the City's Red Hill Avenue property, at an estimated cost of $39,500, be authorized; and e. Recruitment of an additional fireman position be authorized. Carried unanimously. ADJOURNMENT There being no further business before the Council, Mayor Coco at 11:10 p.m. declared the meeting adjourned to Tuesday, February 22, 1972. MAYOR