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HomeMy WebLinkAboutCC MINUTES 1971 02 01 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL February 1, 1971 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 E. Gill City Attorney James G. Rourke City Clerk Ruth C. Poe Asst. City Admin.-Comm. Dev. R. K. Fleagle V. PUBLIC HEARINGS 1. AMENDMENT TO SECTION 23-9 OF THE TUSTIN CITY CODE- TRANSFER OF STREET TREE VARIANCE RESPONSIBILITY. An amendment to sub-section (d) of Section 23-9 (Master Street Tree Plan Ordinance) of the Tustin City Code, initiated by the Planning Commission, to read as follows: (d) Any variation or modification of the provisions of this Section to permit variation of the distance between trees, to change the type of trees, or to permit the abandonment of any tree may be made only upon approval by the Development Preview Commission. Mr. Fleaate presented staff report and recommendation'of the Planning Commission for approval of this Code amend- ment. Hearing opened at 7:38 p.m. There being no comments or objections, the hearing was declared closed. Moved by C. Miller~ seconded by L. Miller that amendment 'to Section 23.9 of the City Code be approved and the City Attorney directed to draft the necessary Ordinance. Carried unanimously. 2. SEVENTEENTH STREET - PROSPECT AVENUE ANNEXATION NO. 61 TO THE CITY OF TUSTIN - Cont'd from 1/18/71. Property fronts approximately 1731 feet on the south side of 17th Street an~ approximately 506 feet on the west side of Prospect Avenue consisting of approximate- ly 37.6 acres. Moved by C. Millerr seconded by Oster that Resolution No. 71-4, terminating proceedings for the annexation of certain uninhabited territory, designated "Seventeenth Street - Prospect Avenue Annexation No. 61" to the City of Tustin be read by title only. Carried unanimously. Moved by Marsters~ seconded by L. Miller that Resolntion No. 71-4 be passed and adopted. Carried unanimously. Council Minutc:s 2/1/71 Page 2 VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - January 18, 1971 meeting. 2. APPROVAL OF DEMANDS - in amounn of $64,905.84. 3. APPROVAL OF FINAL MAP TRACT 7332 as recommended by the City Engineer. Tract located on north side of Irvine Blvd. between "B" Street and Prospect Avenue. 4. MODIFICATION OF AGREEMENT WITH BARRY G. HON Authorization for exoneration of the previously posted surety bond ~3937020 of Hartford Accident & Indemnity Co. upon receipt from Mr. Hon of $250.00 cash as a substitute guarantee that terms of agreement be met no later than December 31, 1971. As recommended by the City Engineer. 5. ACCEPTANCE OF IMPROVEMENTS & EXONERATION OF SURETY BONDS - Improvement Agreement 101 - as recommended by the City Engxneer. Moved by Oster~ seconded by Marsters that items 1 through 5 of the Consent Calendar be approved. Carried unanimously. VII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 486 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 70-219 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Rezoning an approximate 10 acre parcel from the C-2 and R-3 Districts to the PC-C-2 District. Site fronts approximately 585' on the east side of Yorba Street, approximately 214' south of tile centerline of 17th Street. First reading held 11/2/70. 2. ORDINANCE NO. 487 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 70-220 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Rezoning an approximate 10.5 acre parcel from the R-1 District to the PC-R-3 District. Site fronts approximately 355' on the east side of Yorba Street, approximately 735' south of the centerline of 17th Street. First reading held 11/2/70. 3. ORDINANCE NO. 488 An Ordinance of the City of Tustin, California, PREZONING PROPERTY ON APPLICATION NO. P.Z. 70-122 OF R. T. FRENCH DEVELOPMENT CO. ON BEHALF OF HARRIET O. ENDERLE. Prozoning an approximate 27.6 acre parcel from Orange County AC-PA and AC-CN Districts to the City of Tustin P-C District. Site fronts approximately 1731' on the south side of 17th Stree~ and approximately 506' on the west side of Prospect. First reading held 11/2/70. Council Meeting 2/1/71 Page 3 4. ORDINANCE NO. 498 An Ordinance of the City of Tustin. California, AMENDING THE TUSTIN CITY CODE RELATIVE TO LICENSING OF BICYCLES. 5. ORDINANCE NO. 500 An Ordinance of the City of Tustin, California, ESTABLISHING BUILDING SETBACK LINE ON PORTIONS OF FIRST STREET. 6. ORDINANCE NO. 501 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE, RELATIVE TO TEMPORAllY USES. Titles of all Ordinances for Adoption were read by the City Clerk. Councilman Marsters asked that Ordinance No. 487 be held for separate action. Mayor Coco asked that Ordinance No. 488 be held for separate action. Moved by L. Miller~ seconded by C. Miller that further reading be waived and Ordinaaces 486~ 498~ 500 and 501 be passed and adopted. Moved by Oster~ seconded by C, Miller that above motion be amended to read that further reading be waived and Ordinances 498~ 500 and 501 be adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: None. Absent: None. ORDINANCE NO. 488 Councilman Oster stated that this Ordinance contained the 6 acre parcel at the corner of 17th and Prospect and that this property should be deleted. Moved by Oster, seconded by Marsters that further reading be waived and Ordinance 488 be adopted with the exclusion of the 6 ± acres on the northeast corner owned by Mr. D~n Jones. Motion carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Os'ter. Noes: None. Absent: None. ORDINANCE NO. 487 Councilman Marsters stated he was particularly concerned with Ordinance 487, rezoning an approximate 10~ acre parcel from R-1 to PC-R-3 District. He stated he would again go on record as having concerns. He noted the density of about 21 units per acre, the intrusion of R-3 into resident- ial area--E-4 abounds in the area. Also with this zoning the City would have more pressure from developers for this type of zone change. Mr. Marsters said he would like to see the Council hold the line, somewhat, and keep multiple out of this prime residential section of our City. He stated further that he would be delighted to see Ordinance 486 denied but as it does not zone property for multiple, he has no problem with that. lie is primarily concerned with Ordinance 487. Conncil Mc'eL~ 2/1/71 Page ORDINANCE NO 486 In answer to questioning by Mayor Coco, the Council stated they had no concern with Ordinance No. 486. Moved by L. Miller, seconded by Oster that further reading be waived and Ordinance No. 486 be adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Ordinance No. 487 continued. Mayor Coco stated that a letter had been received from Mr. and Mrs. Bruce A. Traywick, stating their concern about the possibility that the Council will rezone to a higher density. Answering questions by the Council, Mr. Fleaale outlined the 10.5 acre parcel on the map, and stated that a portion of this property is now rezoned for multiple in the County. The City and County have the same setback line. The City is more restrictive than the County although they have accepted the basic development criteria of the County. The City has gone further by subjecting the development to the review of the Development Preview Commission, Planning Conmission and the City Council so that that all government agencies as well as the residents within the area will have an opportunity to review the plans that are submitted for development. The City has placed the additional restrict- ions on this development in that it will be buffered by a screening wall prior to development of the property to pro- tect the adjacent residential properties, and perimeter land- scaping is required ~n conjunction with that screening. The City has restricted total land development to 50% for structures, requiring 50% open area. The City zoning in- corporates those provxsions and stipulations of the County zoning plus adding to them by requiring precise and specific development plans with the criteria established° Councilman Marsters stated that he wished to commend the various commissions that reviewed this particular land use, however, he felt so strongly that it is a land use that is very disfavorable to this prime area of the City that he would like to move for denial of Ordinance No. 487. Motion died for lack of a second. In answer to questioning, Mr. Fleagle stated that although under separate zoning actions, the concept of the entire development was presented with total package of 43 acre development by one developer--one landowner. This was the major benefit the City could derive--that development was the consolidated package. Mr. Fleagle also stated that the developer now states that he has in his possession a letter of certification that he now has custody and control of all the property within the City of Tustin by lease or purchase agreement plus all the property on 17th Street under consideration tonight, with the exception of the 6 acres on the easterly portion adjacent to Prospect Avenue. ~In answer to Mr. Marstots, Mr. Rourke stated that it is ~correct that under these circumstances of the three different ~:'~'~ordinances for zone change, if tire developer wanted to sell off a portion of it he would be free to do so and there wonld be no control the City wl~uld have other than the zone that has been initiated on it. Council Meeting! 2/1/71 Page 5 Mr. Robert T. French, 2172 Dupont Drive, Newport Beach, stated that he does now control all property with the ex- ception of the Jones parcel. He has a signed lease on the Vandenberg property of 14.44 acres and an option to pur- chase on the Enderle parcel in the City of Tustin. He stated that it is his intention to develop this under his control and not package it and sell Eo other developers. He promised to have architectural control, one main theme. The only reason he does not have the property of Dan Jones is that the terms came to such that he could not deal with him, but hoped co be able to work with him at a later date and be able Eo annex. As to his intention of stages and time plans for construction, Mr. French stated that he figured on a 3-year period. He plans on the R-3 to start out at Yorba and develop back and develop all the commercial at once. Commercial and one phase of the R-3 would go at the same time. Right now there is a softening market in Orange County apartments which necessitates a 3-year phase. The apartments planned will be of a very high quality due to the land prices and will range from 2 to 4 bedroom non- family units. The rental would be around an average of $250.00. Out of 357 units probably about 14 will be 4-bedroom, and about the same number will be the one-bedroom bachelor-type apartment. Councilman Oster stated his concern as to where the density will be. With the development going in stages and starting on Yorba Street, will the City end up with the density next to the present City residents and the open space in the mid- dle of the development or to the east. He said he had seen this happen once before in the South Tustin area and the developer coming in later for a variance. Mr. FieaBle stated that the Planning Commission, City Council and Staff are aware that that problem can happen. For that reason development plans vere required to be sub- mitted for the total development of this project and would have to be approved in accordance with that plan. Use Permits would have to be given. The City Council, Planning Commission and Staff could certainly guard against the future possibility of all the buildings in one section and the other area being left open. Mayor Coco asked Mr. Fleagle if he was saying that the per- mits would not necessarily be phased as the construction is phased. That the permit would be issued for the plan as presented, and however the developer decided to phase it we would be certain of a final and ultimate outcome as presented. Mr. Fleaale stated that that is correct. The prQcedure on which the Development Preview Commission operates is that the total development plans would come in to that Commission and the total development plans would be shown to the Planning Commission. The building permits could go in stages--so the building permit could be issued for a 4 or a 10 acre parcel, but it would have to conform to the total development plan. Councilman Oster stated that he had seen it happen while on the Planning Commission and could see where it could happen again with the Yorba Street area being developed at its densest--building at the Yorba side developed 75% or 80% of the entire 50-50 development. When the time comes the interior parcel. will not be developed as such or will be back for a variaoce. Mr. Oster said he still thought the devclopme~t a benefit to the City and is willing to make Coul~ci] blinu('~.f 2/1/71 Page 6 a motion if he could be assured that any development in the directly adjacent to Enderie Gardens--that section standing alone--is not more than 50% of the lot coverage. If it is going to be stage development, he would make it a part of the Ordinance that at no point will the stage cover more than 50%. Mr. Flea~le stated that he wished to give the assurance that the Staff, Planning Commission, and the Development Preview Commission share the same concern that Councilman ester does, and we will give the assurance that no plans will be approved without that concept in mind and if there is ever a question of that it will be brought to the immediate at- tention of the Council where the Council may take the remedial action. The Staff will bring it to the Council's attention should there be any violation of the concept and your comments are expressed in the minutes and will be a record for review of any commission or body that reviews the plans. Councilman C. Miller stated that as he recalled when originally discussing the lower band of property that goes from Yorba easterly it was discussed as being developed as s total piece, as a total zoned area and that the property line would not be taken into account as far as the City is concerned~ The higher densities would be easterly and the lower density westerly, next to Enderie Gardens and Yorba so that the overall density would be what it should be but it would be phased out and we were going to look at the plans over the whole thing, and as I recall, and perhaps Mr. French can correct me, or some member of the Council--this was considered to be a satisfactory approach to it as long as the total number of units was the same for the total property. Mr. French stated that Mr. Miller was correct and he stated that they will go along with what they have agreed to--21 to the acre, and we are not trying to put the emphasis to one side or the other. We are planning to do 21 to the acre all over--all the way through. It is just that the market is pretty soft at this time and we cannot open 357 units at once. Mayor Coco stated that there was even a little more than that to Mr. Miller's comments, that possibly toward the southerly single-family homes, that the density be intentionally less and tham northerly near the commercial it would be intention- ally greater. Mr. French answered that that takes place automatically with your 100 foot buffer. Mayor Coco asked if even beyond the lO0 foot buffer there is a possibility of a grading of density as long as the overall is 21 to the acre. Mr. French stated that the reason for Enderle Gardens' concern was the road originally planned to go along the southerly part of the property. This was a problem and a noise factor for the Enderie residents. They have eliminated that road and the long strip of garages. They have sort of a basic outline that has been submitted to the City that needs refine- ment but they are willing to work with the City on this, They do need the number of units but are not saying they are going to push it to one side or the other. Mayor Coco told Mr. French that the Council wants ~o make it clear that that is a little different from equal density-- when you first came to the microphone, you said your intention was to give cqeal density. Our ql]esElon now is--is it agree- able with you--do you intend in fact Eo make this density Council Minutes 2/1/71 Page 7 gradient that has been proposed by the Council? Mr. French said be could not answer something like that this quickly. He would have to sit with a plot plan and it takes hours to decide where buildings go. He could not ~ay they were going to have 27 to the acre in a certain portion and 15 in another. The Fire Chief is one of the biggest concerns and if you put certain density in you have to get fire trucks in, and it cuts down the road pattern. If it,works out with City standards, Mr. French said he did not see any problem in the density grading. Councilman Oster thought that perhaps the Ordinance should be drafted with the gradation restrictions in it. Councilman C. Miller suggested the simple device Of saying that the Use Permit has to be concurred in by the Council. Councilman Oster doubted if this would do it unless criteria were specified. Mr. Oster suggested in "g" on page 2, the addition of a new sentence to the effect that the ratio as to portions of the project shall be specifically determined by the Council. That at least puts anyone on warning if it is built piecemeal. Councilman C. Miller felt the Council to be considering this in too small a context and is also interested in the property easterly. He asked if this wording could also be included in Ordinance 486, although it has already been acted upon° Mayor Coco believed this could be done'. Mr. Fleagl. e said he thought that as long as the Council states in this that it is subject to approval of overall development plans, the Council would have to have the whole plan before approving aDy segments. In this way, the Council would know what the density will be on each segment when it is developed. This language does not specifically appear except that it is subject to PC zoning --but that would be the language that would add Councilman Oster stated that what he would like to ensure is that the representations made at prior hearing that they were going to try to keep the density to even less than 21 units per acre be carried through and that the property directly adjacent to Enderie Gardens gets the least dense portion of the project. Mayor Coco stated that that is the part that comes in the PC. With a sale to a new buyer he would either have to adopt what the City has adopted or come in for a new plan approval by the City and under the PC zone it is necessary for the Council to look this over. Mr. Rourke stated that the Council has the controls through the requirement of the issuance of the Use Permit, the ap- proval of plot plan and so forth--which would be by the Planning Commission; but of course to approval through an appeal of the City Council. The only thing that could possibly be gained by any specific language to cover what has been discussed would be if the Council thought there might be some misunderstandings down the line where the present owner or developer or a subsequent owner might feel in some way misled. From the legal technical stand- point, there would be no donbt about the City's control over this situation, however. Council 2/1/71 Page 8 Councilman Oster stated he would rather have it more auto- marie and come to the Council without the appeal route. An item "" 3 , stating that the plans shall be subject to final approval by the Council, would pin it down. Councilman C. Miller moved for approval with that addition of ""' ,_, 3 · Seconded by L. Miller. In answer to questioning by Mro MarsEers, Mr.-Rourke said he did not like this procedure because it is not within the scope of the PC procedure or what is contemplated by the PC Ordinance. In effect, the Council is creating some special procedures and can get to be hard to reconstruct down the line. Mr. Rourke said he understood whac the Council wants to achieve but with a matter of as much concern as this it would seem that the Council as a whole and individually would be aware of action by the Commission and would be able to bring it up on an appeal. If this condition is to be a way of handling things as a matter of procedure then the Council should amend the PC Ordinance to provide directly for that kind of procedure. Councilman C. Miller stated that the Council wants to see a total development plan for both multiple pieces together, with the density shading from its lowest at the lower left hand corner to the highest at the upper right hand corner. The trouble seems to be the legal mechanism to accomplish this. The Council is talking about the overall French development which is well concerned and which is the thing of which we approve. Now trying to figure out how to enact these two Ordinances that run along the property line ---- so that this can be accomplished. Mr. Mill r asked if there is any way that property line can be made to lose its dis- tinction as far as these Ordinances go. Mayor Coco stated that goes back to the PC. Under the PC, we do have a mechanism whereby total plan is presented to a City body. Mayor Coco suggested that the Council instruct the Staff to acquaint the Council and its members at such time as the Commissions have approved any plans for the pur- pose of an appeal by any one of the Council. That will as- sure that it comes before the Council and will be within the existing statutes and would not be adding any conditions that go counter to the intent of the statutes. Mr. Gill suggested that the Staff make exceptional effort to keep the Council well-informed of the status and proceed- ings of this overall development. The Council will certainly have as much concern with the elevations of the commercial on 17th Street as they do the density next to Enderie Gardens or any other place in the overall development. Councilman Oster s~ated he would like to add wording to item "h" so it would read: ,, "Coordination and approval of specific ratios of building area and open space area for specific portions of the subject property and of street system to serve the entire project and provide emergency vehicle access. " Mr. Oster stated he would like to see this included xn Ordinance No. 486 also. Mayor Coco said there is a motion on the floor to approve with the addition of ""' J for final Use Permit approval by the Council. An amended motion would be in order. Council Mii~utcs 2/1/71 Page 9 Moved by Oster~ seconded hy Marsters that Ordinance 487 be approvcd with the modification of section "h" and deletion. of suggested section "j". Carried by roll call. Ayes: Coco, C. Miller, L. Miller, Oster. Noes: Marsters. Absent: None. Moved by C. Miller~ seconded by L. Miller~ that Ordinance 486 be reconsidered and that Ordinance as approved be amended by the addition of section "h" as stated above. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller, Oster. Noes: None. Absent: None. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 499 An Ordinance of the City of Tustin, California, PREZONING PROPERTY OF C. J, BONNER & WALTER H. OPP ON APPLICATION NO. P.Z. 70-124. Subject properties are located on the northerly side of 17th Street extending northerly a distance ~ of 250 feet, bounded by Yorba Street on the west and the Orange County Flood Control District ± 870 feet easterly. Councilman C. Miller stated that it was now his understanding that at the last meeting steps had already been taken for the annexation of this property and that the annexation is now final. Mr. Miller said that he believed that the City owed Mr. Bonner and Mr. Opp an apology as they had based their annexation on the prezoning and the annexation took place prior to the zoning. He therefore could not do other than vote for the proposed zoning. Moved by C. Miller and, for the same reasons as stated~ seconded by Marsters that Ordinance No. 499~ prezoning property on application PZ 70-124, have first reading by title only. Carried unanimously. Mr. Gill stated that this was the first time this situation had occurred in the City, and that steps are being taken to ensure that it will not happen again. IX. RESOLUTIONS 1. RESOLUTION NO. 71-2 A Resolution of the City Council of the City of Tustin, California, COMMENDING DORA A. ROBBINS AND EXPRESSING APPRECIATION OF THE CITY OF TUSTIN. 2. RESOLUTION NO. 71-3 A Resolution of the City Council of the City of Tustin, California, COMMENDING FRANCIS PRIMROSE AND EXPRESSING APPRECIATION OF THE CITY OF TUSTIN. 3. RESOLUTION NO. 71-5 A Resolution of the City Council of the City of Tustin, California, ANNEXING TO THE CITY OF TUSTIN CERTAIN TERRITORY DESCRIBED HEREIN, AND DESIGNATED SEVENTEENTH STREET - PROSPECT AVENUE ANNEXATION NO. 61 (REVISED). Property f.ronts approximately 1237 feet on the south side of 17th Street and extends to within approximately Cou~c i 1 M i Inicc !; 2/1/71 Page 10 594 feet of the west side of the centerline of Prospect Avenue consisting of approximately 24.7 acres. 4. RESOLUTION NO. 71-6 A Resolution of the City Council of the City of Tustin, California, URGING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO FOLLOW AND IMPLEMENT THE RECOMMENDATIONS OF THE 1970 ORANGE COUNTY GRAND JURY REPORT REGARDING ASSIGNMENT OF MARSHAL'S FUNCTIONS TO THE SHERIFF. Resolutions 71-2 and 71-3 were combined and read as 71-2. Also read by title were Resolutions 71-5 and 71-6. Moved by Marsters~ seconded by Oster that further reading be waived and Resolutions 71-2~ 71-5 an] 71-6 be passed and adopted. Carried unanimously. X. OLD BUSINESS 1. PARK BOND ELECTION Councilman Oster asked where the money to finance this election would come from and what the approximate cost to the City would be and what the timetable was. Mr. Gill stated that money to hold this election would come from the General Fund. Direct election cost would run in ~... the neighborhood of $3,000 plus. With the additional $1,000 no O'Melveny and Myers, estimated cost between 4 and 5 thousand dollars. The election had been tentatively set up for mid-July. As to revenue projections, Mr. Gill said there was no new information and sales tax figures for the 4th quarter will not be available for about another month. If the election is to be held in June a decision should be made no later than the next Council meeting. Mr. Gill also informed the Council that the issue will be less than indicated as the site next to Heideman School is now under development. Councilman Oster stated that every $5,000 is a penny on the tax rate. Knowing the City's contingency fund, he would not be in favor of spending any money other than for safety. He further stated that he was against any- thing that wonld increase the tax rate. Councilman Marsters stated he felt the same way and asked if there is any activity or steam in the Citizens Committee, Councilman L. Miller stated that he believes the work of the committee had come to a stop awaiting Council action. With the orange groves going fast, unless the City makes the effort now, the land will be gone. TIle Council asked Mr. Robert Flint, Chamber Manager, if he thought the Chamber would actively support the bond issue and if he could get a definite indication by the next Council meeting, including a poll of the'members. Mr. Flint to in- clude in the poll if each of the 200 members would be willing to contribute $10.00 to help defray the $5,000 election costs. Councll Hinu/i!s 2/1/71 Page it Mayor Coco emphasized that this $5,000 is just for election costs, not for promotion of the bond issue. Councilman C. Miller felt that both Councilmen L. Miller and Oster were correct in their concerns--can the City afford to or not to. He did not think there would be much activity or enthusiasm until just prior to the election date. ~'~ Nayor Coco stated it is not only a question of what money is put out, but if it has a chance to pass. There is no evidence of a working committee as yet. A nucleus of a working committee should be set up five to six months before the election. Moved by C. Miller~ seconded by Marsters that this matter be taken up at the next regular meeting. Mr. Gill stated that when this was first considered it was to acquire land. There will be demands to improve and believed it would be most proper if the sites were acquired and built under one issue. In answer to questioning by Mr. Norman Cole of 131 Hall Circle, Tustin, Mayor Coco stated this is a contemplated 1.0 to 1.5 million dollar bond issue. There is a spread from 1971 to 1976 of the retirement plan. It amounts to about 10¢ on the tax rate assuming Tustin grows as it is pro- jected it will. A little more on the tax rate if it doesn't. Mr. Gill stated that this isa proposed 25-year bond, estimated at 6% at the present time, hopefully it will be less than that. The maintenance cost has not been deter- mined. It would depend on what sites are acquired. There are several sites being considered. Above motion to discuss this at the next Council meeting carried. XI. NEW BUSINESS 1. REPORT OF LEAGUE: SPECIAL DISTRICTS STUDY Mayor Coco stated that the Council has Staff recommendation to support the reports recommendation and urge the League to establish an action program. Councilman C. Miller thought it appropriate for the League to be working on this, but said he hated to urge the Legislature and Board of Supervisors no get into this until the League has studied it and has a recommendation. Councilman L. Miller stated that he was presenK at the League meeting and that in his opinion all the League was seeking was an endorsement of the cities to consider this in further depth--not to get into the details. Mayor Coco suggested a letter supporting details of the recommendation but advocating that contacting the Legis- lature and Board of Supervisors not be contemplated until League consideration. Mayor Coco asked if any of the Council had any con~ncnts regarding the report. Conncilman C. Miller stated that the recommendation regarding the Mosquito Abe cement Commission is a good one. This covers the entire County and titere is no one city, districE or group of cities titat has any more influence as to affect whaK goes on in their area than any other. Council M~m~tc:s 2/1/71 Page 12 The Sanitation and other similar districts, where you do have local representation and they fit local purposes, should be considered differently and he would like to see representation retained. The executive committee of the Sewer District has been "~ considering this organization of the districts for four or five months to see what pattern might be the best. Art Nisson, Counsel for the District, has been directed to work up position papers on how reorganization could be accomplished and what the advantages and disadvantages ' are. One of the concepts suggested was that there would be a superboard, like there is an executive committee that meets and goes over some of the more complex matters and !. makes recommendations to the full borads. In this super- board concept, each district would maintain its autonomy. Some cities have a tremendous investment in the plants and are unwilling to delegate away authority to commit themselves to tax rate increases to somebody that isn't their direct representative. The Council should direct our representative to the League not to enter into any- thing that could lessen our City's influence in control of this important district. Councilman L. Miller suggested that it would be well for Mr. C. Miller to attend the League meeting when this is discussed. It could weaken any position we take if we come through with letters of specifics. Mr. Blankenship said he believed that the intent of the ... League was to find out if cities were favorable to the in- tent of the report so then further study and reports could be made. The City could indicate general endorsement of concept and could indicate specifically any areas they have reservations about. Mayor Coco thought it would be useful for Council to in- form the League of any known objections or modifications to any of the recommendations and to indicate that there is a study being made by the Sanitation District Board of Directors which the League should pay attention to, then endorse the concept of consolidation. Councilman C. Miller stated that commissions fall into three categories. Those formed to provide services and so avoid having to form a city, some formed by the Board of Supervxsors so as not to have it included in the tax rate, and some were created by cities such as the Sanitation District which is the type the Council would really like to look at. Mr./liller said that his recommendation would be to move on the Mosquito Abatement District and express interest in districts such as sanitaticn where all cities are represented and not to get the Legislature and Board of Supervisors into it before the City knows what it wants to do. Mr. Miller suggested thac the League set up task forces to look at the particular items which the Council is not familiar with and report on the functions and intents of those districts. ~ayor Coco stated that perhaps this comes under that portion of the sta£f recolmnendation than the Council urge tile League to establish au action program to ensure that the necessary studies are undertaken, completed, and presented for action. Council Minutt!- 2/1/71 Page 13 Counciln~n L. Miller requested this be for action at the League level. Moved by L. Miller~ seconded by C. Miller that the Staff and Mayor be authorized to draft response regarding the League Special District Study. Carried. XII. OTHER BUSINESS 1. INSURANCE PLAN Councilman C. Miller asked if under PERS the employees have survivors' benefits. Mr. Blankenship stated that under PERS there are nwo sections to the death benefit; 1) Return to survivor of member's contributions with interest, 2) The survivor is entitled to one month's salary of the average of the past year, for each year of service up to a maximum of six years. There is anocher provision whereby the contracting agencies can sign up for extra survivors' benefits, but this requires specific inclusion in the contract by the City. The present City contract does not have this provision. Councilman C. Miller stated that as a University employee he is under PERS and for $2.00 a month he has a survxvors' benefit under which his wife would receive a benefit for each one of his children still under the age of 18, and when she became 65 whe would start receiving one again. If this is still available, City employees should be given the opportunity to benefit from it. Staff directed to look into this matter. 2. CITY PLAQUES Mayor Coco stated that the proposed policy answers the objections he had on diluting the value of these commenda- tions by automatic awards. This provides that any member of the Council, Administrator, Chamber of Commerce, etc.,' may recommend the issuance and then approval will be by the City Council. After a discussion as to presenting plaques to people who have deserved them in the past, it was the opinion of the Council that the plaques be for services from now on, and not retroac~ive to years back. Mayor Coco asked that the word "emergency" in the policy be changed to read "unusual". Resolution No. 71-3 adopting Policy to Control Issuance of City Plaques introduced by Councilman C. Miller. Moved by C. Miller~ seconded by L. Miller that Resolution 71-3 be passed and adopted. Carried unanimously. 3. TNT MEMBERSHIP REPORT Decision of the Council that all appointments to the TNT ._~- Committee are to be ratified by the Council. Thero was no objectinn to the deletion of names as requested in report. Council Minutes 2Z1/71 Page 14 4. DEVELOPMENT PREVIEW COMMISSION APPOINTMENTS Moved by C. Miller, seconded by Oster that Mr. Don Martens bethanted to alternate designation, and John Siegel to reMular designation on the Development Preview Commission. Carried. 5. OVERTIME AND POSITION VACANCIES Report received. 6. YOUTH CENTER TO BE PAINTED BY YOUTHS Mr. Gill stated that the~outh would not be on scaffolding or ladders and that a full-time member of the Staff would be present at all times. 7. DEVELOPMENT PREVIEW COMMISSION MEETING RECORDS Councilman L. Miller stated that the Development Preview Commission is a decision-making body and as such should have minutes or the meetings be taped. Moved by L. Miller, seconded by Coco that the Development Preview Commission meetings be taped and these tapes be kept on record for a six-month period. Carried. 8. P.O.W. BUMPER STICKERS Moved by Marsters, seconded by C. Miller that the Staff be authorized to place P.O.W. stickers on official City cars. Carried. : i' 9. REPORT ON DUPLICATION METHODS AND COSTS Report received. 10. COMBINED GOVERNMENTAL RETREAT Mayor Coco announced that he would be attending the combined retreat of Mayors and County Supervisors to be held February 6th, and asked for any input or suggested items prior to that date that either the Staff or members of the Council would like brought up. 11. COUNCIL MAIL Ways of delivering mail to Councilmen were discussed. It was the decision of the Council to continue distributing mail in the present manner. 12. Councilman L. Miller stated that he understood there had been a number of injury accidents at the Tustin Go- Carts. Mr. Miller requested that the Staff look into this and make a report of any meeded safety devices. ~-~ XIII. ADJOURNMENT Mayor Coco asked all present to rise and the meeting was adjourned in memoriam of Linnie Brasfield. Due to the Holiday February 15 (Washington's Birthday) the next meeting of the City Council will be held Tuesday, February 16, 1971. ~ MAYOR c 4_ LER