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HomeMy WebLinkAboutCC MINUTES 1973 05 21 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL MAY 21,1973 CALL TO ORDER Mayor Saltarelli called the meeting to order at 7:31 p,~. II. PLEDGE OF ALLEGIANCE Led by Councilman Langley. III. INVOCATION Given by Councilman Miller. IV. ROLL CALL Present: Councilmen: Saltarelli, Langley, Miller Welsh, Woodruff. Absent: Councilmen: None. Others present: City Administrator Harry Gill Asst. City Admin. - Community Development Ken Fleagle City Clerk Ruth Poe City Attorney J~mes Rourke V. PUBLIC HEARINGS None PUBLIC ' CONCERNS 1. Mr. Dave King, Re: Orange County Airport En- vironmental Impact Report Mr. Dave King, 314 S. Pacific, Tustin, Tustin's representative on the Orange County Airport En- vironmental Impact Report C~tizens' Committee, presented a report to the Council, "Solicitation For Responses". After giving a brief synopsis of the report, Mr. King requested further questions from Council and Staff to be coordinated through Ken Fleagle. The Council thanked Mr. King for all the time he has spent on the Comrmittee for the City. VII, CONSENT CALENDAR 1. APPROVAL OF MINUTES - May 7, 1973 meeting. 2. RATIFICATION OF DEMANDS in amount of $1,065,385.93. 3. TENTATIVE MAP TRACT 8301 - approval as recommended by the City Engineer. 4. FINAL MAP TRACT NO. 8034 - approval as recommended ' by the Planning Commission. 5. EXONERATION OF BONDS - TRACT 7420 - approval as recommended by the City Engineer. 6. RIGHT-OF-WAY EASEMENT DEED & AGREEMENT - First St. AHFP Project #649 - approval of agreement and acceptance of bonds as recommended by the Assistant City Engineer. City Council Minutes 5/21/73 Page 2 Councilman Welsh questioned page nine of the Minutes regarding the Maintenance Yard meeting with the Tustin Unified School Board. Mayor Saltarelli stated that they would discuss all alternatives for temporary and permanent facilities. Councilman Woodruff questioned Staff if fees would be imposed for Tract 8301. Mr. Fleagle informed the Council that the fees are automatic by the issuance of building permits. Moved by Miller, seconded by Woodruff that all items on the Consent Calendar be approved. Carried unanimously. VII~ ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 583 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO PROHIBIT NEWS- STANDS ON PUBLIC STREETS, ALLEYS, PARKWAYS AND SIDEWALKS. Moved by Miller, seconded by Woodruff that Ordinance No. 583 have second reading by title only. Carried unanimously. The Secretary read Ordinance No. 583 by title. Moved by Miller, seconded by Saltarelli that Ordinance No. 583 be adopted. Councilman Welsh stated his opinion that he felt this Ordinance was a foolish d~trimental infringe- ment on human freedom, and tyrannical. Councilman Miller questioned Mr. Rourke if this Ordinance was unconstitutional. Mr. Rourke stated that he felt it was not unconstitutional although some law firms ~6uld feel differently and take it literally. Councilman Langley stated that the City does not allow any other merchandise to be sold on the streets; therefore, newspaper racks should be removed. Councilman Woodruff referred to the correspondence received from the law firm of Flint & Mac Kay, and stated that he felt they did not completely read the contents of the Ordinance because we are not banning all newspaper racks, only those on public property which number only four in the entire City. Councilman Miller cited the example that several years ago service stations were selling tires on public property and they were made to remove them: therefore newspaper racks should also be removed. Above motion carried. Ayes: Saltarelli, Langley, Miller, Woodruff. Noes: Welsh. Absent: none. City Council Minutes 5/21/73 Page 3 IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 584 An Ordinance of the City of Tustin, State of California, ADDING SECTIONS 25-0-180 AND 25- 0-190 TO THE TUSTIN CITY CODE RELATIVE TO UNDERGROUNDING REQUIREMENTS AND SPECIFICATIONS FOR CABLE TELEVISION SYSTEMS. Moved by Woodruff, seconded by Langley that Ordinance No. 584 have first reading by title only. Carried unanimously. The Secretary read Ordinance No. 584 by title. Mr. Fleagle explained that this format emulates that of theHuntington.!Beach Joint Powers Agreement with the cities in that area. These requirements and specifications for Cable TV Undergrounding were submitted by Councilman Woodruff. Mr. Fleagle further stated thatit is intended to present for CoUncil consideration on June 4, 1973, rules, regulations and standards governing the operation of cable television systems in the City and a proposal for soliciting applications for a cable television franchise. ~Co~uncilman Miller q~estioned how much cable had been installed thus far. Mr. Fleagle explained that the t%nits under"cOnstrUction have the wires leading into the dwellings. The trenching was being made ready when the company was ordered to halt operations until permits have been obtained from the City Council. RESOLUTIONS 1. RESOLUTIONINO. 73-37 A Resolution of the City Council of the City of Tustin, URGING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS TO COMPLETE THE STUDY OF THE SANTA ANA RIVER BASIN FLOOD HAZARD, AND IMPLEMENT MEASURES TO ALLEVIATE THE THREAT OF FLOODING. 2. RESOLUTION NO. 73-38 A Resolutionof the City Council of the City of Tustin, California, URGING THE CALIFORNIA STATE LEGISLATURE 'TO ADOPT LEGISLATION TO ALLEVIATE THE PROBLEM OF LITTER AND WASTE DISPOSAL CREATED BY THE SALE OF BEVERAGES IN DISPOSABLE, NON-RETURN- ABLE CONTAINERS. 3. RESOLUTION NO. 73-39 LAEGISLATION of the City Council of the City of Tustin, California, URGING THAT THE HOSPITALS FOR THE MENTALLY RETARDED BE KEPT OPEN. 4. RESOLUTION NO. 73-40 A Resolution of the City Council of the City of Tustin, California, AMENDING POLICY 58-2 RELATIVE TO ASSISTANCE AVAILABLE TO RECREATION AND CULTURAL GROUPS THROUGH THE CITY OF TUSTIN. City Council Minutes 5/21/73 Page 4 5. RESOLUTION NO. 73-41 A Resolution of the City Council of the City of Tustin, California, APPROVING ASSIGNMENT BY CITY TO COUNTY OF ORANGE OF TOPICS FUNDS ALLOCATED TO THE CITY FOR VARIOUS YEARS. 6. RESOLUTION NO. 73-42 A Resolution of the City Council of the City of Tustin, California, SUPPORTING HOUSE CONGRESSIONAL RESOLUTION NO. 189. 7. RESOLUTION NO. 73-43 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPIECIFICATIONS FOR THE CONSTRUCTION OF LOCAL DRAINAGE FACILITIES IMPROVEMENTS ON BRYAN AVENUE FROM RED HILL AVENUE TO 650' + WEST, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 8. RESOLUTION NO. 73-44 A Resolution of the City Council of the City of Tustin, California, RELATIVE TO JET AIRCRAFT FACILITIES. 9. RESOLUTION NO. 73-45 A Resolution Of the City CounCil of the City of Tustin, California, APPROVING THE NEWPORT AVENUE INTERCONNECT PROJECT OF THE COUNTY OF ORANGE. 10. RESOLUTION NO. 73-46 A Resolution of the City Council of the City of Tustin, California, UPHOLDING THE RECOMMENDA- TIONS OF THE ORANGE COUNTY GRAND JURY RELATIVE T0 THE MOSQUITO ABATEMENT DISTRICT. Councilman Woodruff recommended that Resolution No. 73-38be tabled and a letter written to the local legislatOrsurging the State Legislature to adopt legislation to alleviate the litter and waste disposal problem. Councilman Welsh recommended that Resolution 73-39 be tabled because the AMA has recommended that the mentally retarded be placed in "satellite homes" in the future, rather than State hospitals. Councilman Miller recommended that Resolution No. 73-46 be tabled and debated. Moved by Miller, seconded by Welsh that Resolutions ~o~e~'b~'~i~e~U~:c6nde~,b~ W~lsh' tha~Re~olutions 7'3~ 3~ ~3~4~ i~ 7~i~e~~:42, ~:7:3'437 ::;~3-~4i 73i45 be~read by:~title,®~ly;~-garried unanimously. City Council Minutes 5/21/73 Page 5 The Secretary read Resolutions'73-37, 73-40, 73-41, 73-42,73-43, 73-44, 73-45 by title. Moved by Welsh, seconded by Miller that Resolutions 73-37, 73-40,'73-41,~.73-42,73-43, 73-44, 73-45 be passed and~ adopted. Ayes: Saltarelli, Langley, Miller, Woodruffs, Welsh. Noes: none. Absent: none. Regarding Resolution 73-38, Councilman Miller stated that he favored this Bill. With Council concurrence, Mayor Saltarelli directed Staff to prepare correspondence urging the Legislature to adopt legislation to alleviate the problem of litter and waste disposal created by the sale of beverages in disposable, non-returnable containers. Regarding Resolution 73-39, the Council discussed the possibility of obtaining more information on the subject of mental hospitals and directed Staff to correspond with the League of Women Voters and the Orange'County Health Department and report on their findings. Mayor Saltaretli Suggested 'that Resolution No. 73- 46 be'placed on~the League of Cities Agenda. After some discussion, itwas moved by Miller, seconded by Langley, that they request the League of Cities to place on their agenda whether to seek legislation on the Orange County Grand Jury recommendation relative to the Mosquito Abatement District. Carried unanimously. OLD BUSINESS None XII. NEW BUSINESS 1. CONSIDERATION OF PARKWAY TREE PROGRAM. Mr. Gill informed the Council that this material had been reviewed by the Development Preview Commission, the Parks and Recreation Commission, and the Maintenance-Department. The City presently has2!the policy of planting a 5-gallon tree if a homeowner will pay $2.50 for the tree-(which does not cover the pmmchase price of the tree). It is recommended that the City charge $20.00 (covering the purchase price, the ties, and the stake but not the labor of planting) for a 15-gallon tree and expand the offer to any existing development missing trees which has a parkway-a~ailablefor planting. The potential locations are not numerous and the' policy would encourage more trees to be planted. The $20.00 is less than for new development to encourage planting of trees. Councilman Miller stated that he thought the $20.00 was too high a fee to ~e asked by private citizens. City Council Minutes 5/21/73 Page 6 Councilma.n Welsh-stated ~hat he thought the $20.00 would be discouraging rather than en- coura gi ng, Mayor salta ekli r ised the report as excenent and well thought out and commented that the $20.00 was-a~very realistic fee. Mr. Gill concurred with Mayor Saltarelli stating t~s~ was not an excessive fee for this size tree. Councilman ~qoodruff. q~estioned_ Staff if this report. had gone= to the Parks and Recreation Commission. ' Mr. Gill answered that it had. Rich!ard Edgar, Parks and Recreation Commissioner, 13623 Loretta Drive, Tustin, informed the Council that!the Commission had reviewed and discussed the contentsI of the report. = . Moved by Miller, seconded by Langley to accept the report and have the/Ci~ty Attorney prepare the necessary Resolution and Ordinance. Carried unanimously~ OTHER BUSINESS 1. COUNTY REVENUE SHARING Mr. Gill informed the Council that the County has requested submittal of new application for County Revenue Sharing funds by June 1, 1973. After some discussion, the Council directed Staff to make application for County Revenue Sharing funds for a proposed mini-bus system in Tustin and for proposed Prospect-Beneta Park to serve both the County and City residents. 2. MITCHELL & UTT PARK SITE, TUSTIN VS. SOMMERVILLE Mr. Rourke informed the Council that after two days of trial and extensive negotiations the eminent domain proceedings for acquisition of the Mitchell & Utt Parkssite ~ere concluded by stipulated judgment .for $221,350., , 3. MITCHELL & UTT PARK SITE, LANDSCAPE ARCHITECT- URAL CONSULTING FIRME. The Parks and .Recreation Commission recommended that~ a~ landscape architectural consultant be engaged as soon as ~possible to ~egin the planning process for~ the Utt & Mitchell pro- posed ~park, and !that the firms of VTN and Recreation Land Planners be given serious cons ideration. City Council Minutes 5/21/73 Page 7 After some discussion the Council directed Staff to set up a date to review firms (VTN, Recreational Land Planners, plus a ~few more)z for new proposals for the Utt & Mitchell park~ site on~ June 9,~ 1973, at 9 a~m., in the Community Building. 4. COUNCIL ON INTERGOVERNMENTAL RELATIONS HEARING Mayor Saltarelli stated that he felt that govern- ment control ~should not be taken away from local agencies but rather from State and County levels. After some discussion Councilman Miller s!uggested that Mayor Saltarelli represent the City of Tustin at the hearings on June 1, 1973; the Council con- curred. 5. INTERGOVERNMENTAL TASK FORCE REPORT Councilman Woodruff recommended that the City support the Intergovernmental Relations Task Force Repor~ which will be voted upon at the ~Le~gUe~ of Cities meeting on June 14, 1973. 6. ANIMAL CONTROL Councilman Miller reported that the cities of Irvine and ~Osta Mesa have a joint animal control center. Councilma~ Miller requested that Staff check into our animal control service with the County and report back to Council at the next meeting. 7. MAIL BOXES Councilman Miller referred to the letter from the City of Placentia regarding mail boxes on new tracts. After some discussion Council instructed Staff to draft a letter to Congressman Hinshaw stating their negative views on new tracts having mail boxes on the curbs. 8. PROCLAMATION REQUESTED Councilman Welsh informed the Council that George Trotter, Head Varsity Basketball Coach at Tustin Hight will be retiring from coaching and should be recognized for his long service to the Community. The Co~ncil directed Staff to prepare a Proclamation for the retirement of George Trotter. 9. "TAKE A WALK IN THE PARK" Mayor Saltarelli commended Linda Smith, 1981 Kings- bobo Circle, Tustin, for her part in "Take A Walk In The Park" program for Centennial Park. He further stated that it was a very good program and very worthwhile. City Council Minutes 5/21/73 Page 8 10. 1976 BICENTENNIAL COMMITTEE Councilman Welsh reported that the 1976 Bicentennial Committee pr. oposed building a three-s~ory building on tke present City Hall property and using it as a oommunity center for recreational purposes. After some discussion about the financing -- of such a center, Councilman W.elsh explained that this was.strictly a~proposal. XIV. ADJOURNMENT Moved by Woodruff, seconded by Langley that the meeting adjourn to an Executive Session, and then to Monday, June 4, 1973. Ca~rried unanimously. (time Of'ad~journment 9:k0 p.m.).