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HomeMy WebLinkAboutCC MINUTES 1970 07 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL July 20, 1970 CALL TO ORDER Meeting called to-order at 7:30 P.M. by Councilman .Marsters. II. PLEDGE OF ALLEGIANCE Led by Councilman Oster. III. INVOCATION Given by Councilman L. Miller. ~<~'~! V. ROLL CALL Present: Councilmen Marsters, L. Miller, Oster Absent: Councilmen Coco, C. Miller Others Present: City ~ttorney James Rourke City Clerk Rut~Y Poe Asst. City Administrator Dan Blankenship Asst. City Admin.-Conun. Dev. K. Fleagle V. APPROVAL Moved by L. Miller~ seconded by 0ster that minutes of July 6 OF MINUTES meeting be approved. Carried. VI. PUBLIC HEARINGS None VII. OLD BUSINESS 1. ZC 70-214 - LAWRENCE J. LECHMAN ON BEHALF OF FRANARGOFIN Cont'd. closed from 7/6/70. Application for zone change from C-1 to C-2 District. Site fronts approximately 275' on the southwest side of -- Laguna~ Road, approximately 200 ' southeast of the centerline of Newport Avenue. Mr. Fleagle explained that this matter had been continued from the meeting of July 6, 1970, and request was for change of zone from C-1 to C-2. Mr. George Argyros, owner of subject property, stated that it made no difference to him if the proper~y was zoned C-i or C-2 as long as it could be used for the suggested use for a car wash. As ~o the value of the proper~y being raised if zoned C-2, in condem- nation proceedings he had found that the zoning had little effect. In answer to questioning, Mr. Argyros stated that the property included in the zone change is all un'der one ownership but that the lots had been split. Moved by Oster, seconded by L. Miller., that the City Attorney be directed to draft an ordinance approving ZC 70-214 with respec~ .only to the prop.erty on which the use was applied for. Carried. Mr. Oster explained that the above motion covered only that portion to be used for a car wash. 2. ORDINANCE NO. 472 (Revised) - first reading. An Ordinance of the City of Tustin, Calkfornia, AMENDING THE TUSTIN CITY CODE TO PROHIBIT LITTERING. Moved by L. Miller, seconded by Oster, that Ordinance No. 472, amending the Tustin City Code to prohibit li'ttering have first readin9 by title only=~ Carried unanimously. 3. ORDINANCE NO. 474 - first reading An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE OF THE CITY OF TUSTIN RELATIVE TO DEVELOPMENT PREVIEW COMMISSION. Moved by Oster, ..~econded by L. Miller, that Ordinance NO. 474, amending the Zoning Ordinance .relative ~o Developmen~ preview Com- mission, have _f!r,~t..rQ~_~,~ by tit'le only and that the ~_fty Attorne~ City Council 7-20-70 Page 2 4. TRAFFIC OPERATIONS PROGRAM TO IMPROVE CAPACITY AND SAFETY (TOPICS). Cont'd. from 7-6-70. Written staff reports received and commented on by Mr. Blankenship. Moved by Oster, seconded by L. Miller, that in accordance with rules regarding the use of TOPICS funds, the City of Tustin hereby advises the California State Divlsion of Highways that the City desires to accumulate its apportionment Of 1970-71 funds and combine them with the 1969-70 funds for use by the City in financing a more sub- stantive prograr~including the area-wide TOPICS Plan Study without ~ expenditure of any funds at this time. Carried. 5.TO CONSIDER CHANGING DESIGNATIONS OF EDINGER STREET AND NAVY WAY TO MOULTON PARKWAY. Moved by L. Miller, seconded by Oster that Navy Way, within the City, be renamed Moulton Parkway and that Edinger, within the City, between Newport Freeway and Red Hill Avenue, non be renamed and that the City Attorney draft the necessary resolution for the next regular Council meeting. Carried. VII. NEW BUSINESS 1. ORDINANCE NO. 475 - first reading. An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE, RELATIVE TO FLY CONTROL AND MANURE DEALERS. Moved by Oster, seconded by L. Miller, that Ordinance NO. 475, amending the Tustin City Code, relative to Fly Control and Manure Dealers, have first reading by title only. Carried unanimously. 2. CITY INSURANCE COVERAGE Mr. Blankenship presented a written report from Mr. Gill and explain the necessity for changing insurance carriers as the City's present liability and property damage insurance agent was informed by Insura.~e Company of North America that the City would be required to pay a substantial increased rate retroactive to October 1969, and have its riot and civil disorder coverage reduced to $100,000 (from $1,000,000) or face cancellation. After extensive discussion, it was found by the City Administrator and City Attorney that, in fact, INA'S position was unalterable. City's insurance agent was able to delay until August it 1970, the deadline for a decision. After review of various alternatives by the staff, there appeared to be no clear choice other than a new agent of record. Moved by Oster, seconded by L. Miller,that the City of Tustin accep~ the proposal of-Archer and Grant through Pacific Indemnity effective as of 12:01 A.M., August 1, 1970, and give immediate notice to Insurance Company of North America .that the City finds its proposed rate increase (retroactive) to be unacceptable and thus agrees to the company's cancellation of the City's coverage effective 12:01 A.M. on the same date. Carried. 3. KEQUEST FOR PERMISSION TO PAINT HOUSE NUMBERS ON CITY CURBS. Request from Mr. Bruce Beers presented.. In answer to questioning by the Council, Mr. Beers stated that this project was for profit to aid students to defray expenses. The ultimate design would be a Council decision. As presented, it would be green numbers on a white background and the logo would be green background with a yellow tree. He felt the advantages would be in being able to see the house numbers and the l~gowould identify the had not oeeured ~e ~hem as it had net come up in other cities. Mr. Beers stated that they would pass cue handbills explaining the project, then paint the numbers and go back to the houses and request a $2.00 donation. Experience has proven that about one-half will donate -- some will give what they feel lik,~, The Cii'.' of Tusti~ with approxi ~ateiy 3500 homes would ~akc i ,_ ~, !~:xs uo complete- lie believed it would be best for the City ~f ~ncy had exclusive permif~s~on so that all numbering would be the same. City Council J~ 7-20-70 Page 3 Councilman L. Millet !Statd~'~here was concern that the street sweeper cakes the numbering off. He stated he is not opposed to free enterprise but suggested that written permission should be obtained from the residents. Mr. Miller suggested that this request be postponed and requested that the staff draft an Ordinance relative to curb painting and stating rules such as obtaining written permission, painting numbers before collecting ~ money and ways of granting permission but no= on an exclusive basis. Moved by L. Miller, seconded by Oster, that this matter be deferred to the nex~ regular meeting pending. staff report and proposed Ordinance. Carried. 4. STREET IMPROVEMENTS - TERMINATION OF AGREEMENTS AND EXONERATION OF BONDS. ~ 1. UP 69-3=29 of Santiago Commercial Bank, 105 E1 Camino Real. 2. Pasadena Ave. north of Main Street in conjunction with Parcel Map.69-23. 3.Hall Circle-north Of First St. in con3unction with Parcel Map PM 68-13. Moved by L. Miller, seconded by Oster, that agreement under UP 69-329be terminated and deposit of $450.00 be refunded; lmprove- ments be accepted and agreement No. 102 for installation Of ~'grtain street improvements=in conjunction with Parcel map 69-23 be terminated and bonds exonerated; and the street improvements accepted and bonds exonerated on Parcel Map68-13, parcels 1~ 2 & 3 of Robert Hall, Thomas Bernatz, and John~M. Aschieris. 5. APPLICATION TO PUBLIC UTILITIES COMMISSION FOR AUTHORITY TO ESTABLISH A RAILROAD GRADE CROSSING AT BELL AVENUE. Staff report presented. In answer to questioning, Mr. Fleagle sta~ed that plans for this crossing will be submitted to the Council for approval. Moved by Oster, seconded by L. Miller, that application ~o Public Utilities Commission for authority to establish a railroad gra~e crossing ~t Bell Avenue be. approved and the City Engineer authorized to file said application with the Public Utilities Commission. 6. PADS (Public Agencies Data Systems) CITY PER CAPITA ASSESSMENT. Councilman Oster explained the proposedprogramand recommended that the City approve the $.05 per capita assessment zo finance certain consulting and staff activities stating that he believed it would take.some ofthe burden off of City staff. At this time, Mr. Blankenship is putting in a great deal of time and effort on this program. Moved by Oster, seconded by L. Miller, that the City direct a letter zo PADS' stating Tustin's willingness zo commit the City zo a $.05 per capita assessment to help finance the program. Carried. 7. APPROVAL OF DEMANDS Moved by L. Miller, seconded by Oster, that demands in the amount of $317,706.03 be paid. Carried. IX. OTHER BUSINESS 1. Traffic Signals - ~ed Hill a~ Sycamo.re and Walnut. Mr~ BlankenSh~D informed the Council that these signals would be ~U~ ln~ ~ ~ 9 A,M.~ J~ 21~ 1970. City Council v- o-vo page 4 2. Civic Center Relgort. Report received. Staff to contact the County library and obtain their criteria for location, size, etc., and~zhat the library be given a time table for their report. 3. Meeting Time - Development Preview Commission Request for Council auEhorization to meet Wednesdays at 4 P.M. rather than Thursdays. Moved by L. Miller, seconded by Oster, that the Council concur with the request of the DevelopmenE Preview Commission and future meetings be held each Wednesday at 4:00 P.M. in the Con~ference Room in City Hall. 4. Fireworks Stands Staff repor~ skating hazards of firc.~",.<~ veceived. Council concurred with Councilman Miller that banning fireworks would lose an American tradition and that he is opposed to restricting them but that it is a parent responsibility and the City could establish fines for their missuse. Relative to the suggestions to reduce the selling time for stands, Mr. Miller stated that with the zigzag City limits this would restrict City stands unless done jointly with the County. 5. Financial Repor~ received - no action necessary. 6. County Transit District. Mr. Fleagle stated that the Planning Commission received corres- pondence pertaining to a public hearing to be conducted on July 21, 1970, by the Orange County Board of Supervisors relative to scheduling an election for the formation of a Transit District. It was the Commission's desire that this matter be brought to the attention of the City Council for appropriate action. A ~ranscrip~ of Commission deliberations is attached. For the further information of the City Council, Development Research Associates has furnished copies cf the report by John McMahan to irvine Project 21 entitled "Orange County onethe Move." The Council directed that the staff draft a letter stating that the Council endorses the public election relative ~o establishing a Rapid Transit Commission and request that a Tustin represenzative be appolnted to the Board. Council also requested that the City be represented at the hearing in this matter. 7. Possible Acquisition of Tustin Water Works ReporE received with recommendation that the current offer be referred to John Toups and Ed_Wells for commenE. Council concurred that if there is no financial commitment, they had no objection to the staff soliciting comments from Mr. TOUpS and Mr. Wells. 8. Trains behind Tustin Meadows Report received - no action necessary. 9. Brancusi Use Permit Mr. Fleagle reported that th~ Dwner of Brancusi furnitur~ store lo'cated a~ Second and E1 camino Real was i~ited to attend the Pianning Commission meeting on July 13; ~970, to explain the failure to compl~ ~ith ~he terms of Cou~Si~ Resolution No. 104t, pertaining ~ bhb ~d~ ~ ~abilita~ioh ~ th~ ruar garage structure, city Council 7-20-70 Page Since there was no immediate intention to comply with Council directions, a hearing-has been scheduled by the Commission on July 27, 1970, ~or the purpose of revoking Use Permit (UP-69-312). Brancusi has requested a postponement until the following Planning l~,~.~Commission meeting August 10, 1970. 10. Weed Abatement Changes Councilman L. Miller suggested that the Weed Abatement Ordinance be amended to increase fees for clearing of weeds. He felt that ... with administrative costs the City is losing money - perhaps a cos~ plus factor. Mr. Rourke stated that any additional fee could notbecomea lien on the property, but that he would look into wages of increasing the burden to the properEy owner. 11. The following reports and correspondence received - no action 1. Repor= on 1970-71Salary Adjustment from City Administrazor. - 2. Census Check Report - E. W. Snyder. 3. Weed Abatement Complaints - Mrs. Theis and Mr. Jacobs of Yorba Street. 4. Current status of Summer Recreation Expenditures and Revenue - Jack Harrison. 5. Building Department Reports - Rex Waldo. 6. Sanitation DistricE 7 - Connection fees and meeting notice. .--- 7. Builder Report - Orange County Apartment House Association. 8. Letters of Commendation: A. J. Coco from Frank Greinke Bobbie O'Connor, Police Dispatcher, from Mr. and Mrs. Haggard Tustin POlice Department - The MacQueens Orville Myers from Tustin War Memorial, inc. X. ADJOURNMENT Moved by Oster, seconded by L. Miller, that meeting be adjourned. C~t~ Clerk