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HomeMy WebLinkAboutCC MINUTES 1973 05 07 MINUTES 0F A REGULAR MEETING TUSTIN CITY COUNCIL May 7, 1973 CALL TO ORDER Mayor Saltarelli called the meeting to order at 7:32 p.m. II. PLEDGE OF ...ALLEGIANCE III. INVOCATION Given by Councilman Welsh. 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 Attorney James Rourke (arrived 7:37 p.m.) City Clerk Ruth Poe PUBLIC HEARINGS 1. VACATION OF PORTION OF YORBA STREET (Enderte Property) Mr. F!eagle stated that at the Council meeting of February 20, 1973, the staff was directed to ini- tiate proceedings for the abandonment of this ._ property upon agreement of Mr. Enderle to pay administrative costs of $200.00; Mr. Enderie has submitted a check in this amount. At the Council meeting of April 2, 1973, the Council adopted Resolution No. 73-20, setting May 7, 1973, as the date of hearing on this matter. Mayor saltarelli opened the public portion of the hearing at 7:35 p.m. There being no comments or objections, it was moved by Woodruff, seconded by Langley that the public portion of the hearing be closed. Carried unani- mously. RESOLUTION NO. 73-33 A Resolution of the City Council of the City of Tustin, ORDERING VACATION OF A PORTION OF YORBA STREET. Moved by Miller, seconded by Welsh that Resolution No. 73-33 be read by title only. Carried.unanimously. ._ The secretary read Resolution No. 73-33 by title. Moved by Miller, seconded by Welsh that Resolution No. 73-33 be passed and adopted. Carried. Ayes: Saltarelli, Langley, Miller, Welsh, Woodruff. Noes: none. Absent: none. (Mr. Rourke arrived at this point in the meeting, 7:37 p.m.) City Council Minutes 5/7/73 Page 2 VI. PUBLIC CONCERNS 1. MR. FRANK GREINKE, RE: GLENN SISSEL TESTIMONIAL Mr. Frank Greinke, 1011 Laguna Road, Tustin, announced that a testimonial dinner in honor of Police Chief Glenn V. Sissel would be held at 7:00 p.m., Thursday, May 10, 1973, at the Tustin Moose Lodge. 2. MR. GREINKE, RE: SIGN ORDINANCE REVISION Mr. Greinke stated that the Chamber of Commerce Sign Committee was ready at any time to discuss with the City Council the Committee's Sign Ordinance revision recommendations. He suggested a workshop on this matter. (This was discussed by the Council later in the meeting. See Old Business No. 14, page 9 of these minutes°) VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - April 16, 1973, meeting. 2. RATIFICATION OF DEMANDS in amount of $500~866.26. 3. RIGHT OF WAY EASEMENT DEED AND AGREEMENT, AHFP PROJECT 604. Approval of agreement and acceptance of deed for Parcel No. 3, Mitchell, as recommended by the City Engineer. 4. APPROVAL OF FINAL MAPS: TRACT 7846 - West side of Prospect AvenUe, opposite Carlsbad Drive. TRACT 7924 - West side of Prospect, south of Carlsbad Drive and south of Tract 7846. Approval as recommended by the Planning Commis- sion and the Assistant City Engineer. Councilman Woodruff commented that regarding items on the Consent Calendar pertaining to final tract maps, staff need not include in the Council books copies of all the subdivision agreements and bonds, and that a report from the City Engineer stating' that the City Attorney has approved these documents would be sufficient. The other Council Members had no objection to 'this, and Mayor Saltarelli directed that this be done in the future. Councilman Welsh stated that he would abstain from voting on Approval of Minutes of the April l~6th meet- ing, as he had been absent from that meeting. He also questioned the method of election of ti-.e Mayor and Mayor pro tem at that meeting, stating ~hat the actual votes should have been made public. :his, and ~n&t at that meeting there had been no obSec~ions among the Council ~o ~he med~o8 used, In tile fta {,l,t~(.~ , l:hq Councl l witEl. lnaKe tRe voEe~ f)~lDli ic City Council Minutes 5/7/73 Page 3 Moved by Woodruff. seconded bv I,anctev thmt-ali items on the Consent Calendar be ~ved. Carried unanimously, Councilman Welsh abstaining on Item No. 1, Approval of Minutes. VIII. ORDINANCES __FOR ADOPTION 1. ORDINANCE NO. 582 An Ordinance of the City of Tustin, California, REPEALING ORDINANCE NO. 331 ADOPTING THE TUSTIN AREA GENERAL PLAN. Moved by Miller, seconded by Langley that Ordinance No. 582 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 582 by titla. Moved by Langley, seconded by Woodruff that Ordinance No. 582 be adopted. Carried. Ayes: Saltarelli, Langley, Miller, Welsh, Woodruff. Noes: none. Absent: none. - IX. ORDINANCES FOR INTRODUCTION 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 first reading by title on'ly. Carried unanimously. The secretary read Ordinance Nd. 583 by title. The Council discussed the draft letter to be directed to property owners permitting newsstands in front of their businesses, with Councilman Miller suggesting that the property owners' names be used in the salu- tations, rather than the form "Dear Property Owner"; and that wording of the last paragraph be modified to read "The Council would be most grateful if you would exercise your rights...", etc. Mr. Rourke questioned the City suggesting that prop- erty owners exercise rights which are only referred to but not spelled out. Councilman Welsh agreed. and stated that the whole ._ Idea of a governmental agency telling the 'local businessman what ms acceptable and what is not, is questionable, Ks in violation of basic rights and liberties, and can lead to bans on any form of public information in the City. He stated that this view- point is shared by most people who have discussed the matter with him. Mayor Saltarel!i disagreed that rights would be threatened by this, and stated that the unrestricted sale of objectionable publications is contrary to the public interest. He acknowledged, however, that City Council Minutes 5/7/73 Page 4 the letter as drafted now would imply that the City is telling people what to Go. The illtent is that the sale of strictly adult literature at newsstands is a problem to the City, and the Council is desirous of bringing this to the property owners' attention, with emphasis on the Council's viewpoint that there are objectionable materials falling into the hands of minors. He felt that leaving such materials ' available to young children is contributing adversely to the moral code of the community,. and he would support this Ordinance on that basis. Mr. Bill Moses, Editor of the Tustin News, 649 South "B" Street, Tustin, replied to Councilman Woodruff's questions about location of newsstands, incidents of vandalism, etc. Following further discussion, Mayor Saltarelli stated that he would meet with the City Administrator about rewording the letter. X. RESOLUTIONS 1. RESOLUTION NO. 73-34 A Resolution of the City Council of the City of Tustin, California, URGING THE CONGRESS OF THE UNITED STATES TO ADOPT YEAR-ROUND DAYLIGHT SAVINGS TIME. 2. RESOLUTION NO. 73-35 A Resolution of the City Council of the City -- of Tustin, California, ADOPTING THE HANDBOOK FOR PLANNING, ZONING AND DEVELOPMENT (POLICY 30-4) AS DEVELOPMENT STANDARDS AND GUIDELINES. 3. RESOLUTION NO. 73-36 A Resolution of the City Council of the City of Tustin, REQUESTING THE COUNTY OF ORANGE TO ALLOCATE ADDITIONAL ARTERIAL HIGHWAY FINANCING PROGRAM FUNDS FOR THE DEVELOPMENT OF FIRST STREET. The secretary read Resolutions 73-34, 73-35, and 73-36 upon request by the Mayor. Councilman Miller stated that he would vote against Resolution No. 73-34, as year-round daylight savings would create difficulties for families with small children. Councilman Langley. agreed. Moved by Woodruff, seconded by Sattare!ii that further reading be waived and that Resolution'No. 73-34 be passed and adopted. Carried. Ayes: Saltarelli, Welsh, Woodruff. Noes: Langley, Miller. Absent: none. Moved by Miller, seconded by Welsh that further reading be waived and that Resolution No. 73-35 be passed and adopted. Carried. Ayes: Saltar%.~.-13-'I7'' Langley, Miller, Welsh, Woodruff. Noes: none. Absent: none. Moved by woodruff. seconded by Langley that further - reaGlnq De WO!\FC~%J ~f~n(1 Er]QE t{oSO]l!tlO~ NO. V3-3o De ,~nssed and adopLod. Carr~2d. Aye~: Saltaroll~' Lsno]e\r~ [.i~ ] le~-, We] sh Woorlruff~ Noes: none ~;ser~t: nclle. City Counci 1 5/7,/73 Page 5 Mayor Saltarelli requested that a Resolution be placed o~ ~hc ~ci~da of khc noxL regular m2ocirlg in support of legislation introduced by Congressman Andrew Hinshaw, relative to repayment of monies owed the U. S. by other countries. X., OLD "~BUSINESS 1. APPOINTMENT OF ALTERNATE TO. SANITATION DISTRICT NO. 1. Moved by Welsh, seconded by Langley that Clifton C. Miller be appointed Alternane to Sanitation bistrict No. !. Carried. 2. AGREEMENT FOR CONSOLIDATED EMERGENCY COM- MUNICATIONS SYSTEM. Moved by Miller, seconded by Welsh that the ~greemenn for Consolidated Emergency Communica- tions System be approved and the Mayor and City Clerk be authorized to sign said Agreement. Carried unanimously. 3. AGREEMENTS FOR MUTUAL RESPONSE PACTS a) AGREEMENT WITH THE CITY OF SANTA ANA b) AGREEMENT WITH THE CITY OF ORANGE Mr. Gill replied to Council's questions concerning the following sections of the Agreements: Section XI, "...that the purposes of liaison and the administration of this contract, that there is hereby designated the Fire Chiefs of each city who shall be jointly responsible for the administration of this contract." Mr. Gill stated that ih the matter of mutual r~sponse, there is no particular cost other than that of our own Fire Department's response; this is somewhat dif- ferent than administering of contracts where the City is expending monies. Section XII, "...that where either city responds outside its geographical boundaries, that the other city will provide an officer of its depart- ment with the grade of Battalion Commander or greater who will be in charge..." Mr. Gill explained that since the City has no battalion commander, the highest level officer ~ at the time will be in charge of responses. Also, it would be possible to amend the Agreement if necessary, or the operations lieutenant could be considered a "battalion commander", with the entire Fire Department a "battalion" Moved by Welsh, seconded by Miller that the Agreements ~'or Mutual Response between the cities of Santa Ana and Tustin, and Orange and Tustin, be approved, and the Mayor and City Clerk be authorized to execute ~id Agreements. Carried unanimously. XII. NEW BUSINESS 1. ASSISTANCE AVAILABLE TO RECREATIONAL AND CULTURAL GROUPS Mr. Gill explained that this recommended policy has come from the Parks and Recreation Co~mnission, whose City Council Minutes 5/7/73 Page 6 interest it is to slightly broaden the assistance groups, to provide more flexibility in providing services than through the existing policy. Questioning the "Justification" portion of the Parks and Recreation Director's April 12, 1973, report, Councilman Miller stated that he did not feel that the City does have the "responsibility to encourage and develop public recreation prog.rams for the residents of the Tustin community...", although the City has desired to undertake some of these activities for the benefit of the people; it isn't the same kind of responsibility to provide police and fire services. He did not favor the new policy because it apparently would generate a great deal of staff time and eventually cost money, and he · { specifically referred to new Policy Statements of guidelines for City co-sponsorship, dealing with City representation in an ex officio capacity and being accountable for revenue and expenditures through bookkeeping procedures, as well as such City services as "cursory supervision" and "program evaluation". He felt that this is in conflict with the philosophy of the existing policy, which is to cut costs and staff time. Councilman Welsh disagreed, stating that this is being proposed to allow greater flexibility in service to the public, in the endorsement and cooperation of the City with organizations, without additional staff wcrk necessarily being generated. Councilman Langley commented on "City Services of Co-Sponsored Groups", and stated that with such heavy. participation and encouragement by the City, the legal ramifications of this involvement should be explored. Mayor Saltarelli stated that citizens had voted bonds for parks, and they want programs in the parks. This is not that great a change of policy and these pro- grams are beneficial to a broad range of the community. He said that he had serious concerns about the City's liability but felt this could be worked out by the staff. Moved by Welsh, seconded by Woodruff that Council Policy No. 50-2 be amended as recommended by the Parks and Recreation Commission and the staff be directed ~o prepare the necessary documents for adoption at the next regular meeting. Mayor Saltarelli stated that the direction of the policy is good, but that he would not suppor~ the motion as the policy should be rewritten to further define the concept of co-sponsorship. Councilman Woodruff stated that the intent of the motion is that the staff will work on this and come back with a firm polic'y at the next meeting. He suggested that any Council Members who have comments contact the staff within the next week. Above motion carried unanimously.. XIII. OTHER BUSINESS (See ncx~ page) City Council P.:fuut'~o: 5/7/73 Page 7 X!T!. OTHER BUSINESS 1. CLAIM OF JAMES NICHOLS Moved by Miller, seconde~ by Woodruff that the claim of James Nichols, 1D the amount of S164.50, be paid. Councilman Woodruff stated that he seconded this motion subject to a release. Councilman Miller concurred in this condition. Above motion carried by 4-1 vote, Mayor Saltarelli ~oting no. 2. HESTER DEVELOPMENT (UP-71-369) Council received May 2, 1973, report from the Com- munity Development Director relative to Hester Development (UP-71-369), which "has been a continu- ous source of complaint and concern", due to viola- tions of intent of the Council and Planning Commission based on. representations made by the proponent. It was Mr. Fleagle's opinion that in an instance where the developer contends that he has rights to develop his property that are contrary to the implied con- ditions of the Planning Commission or Council, the case should be reopened as a public hearing. and the conditions specified. Moved by Welsh, seconded by Woodruf~ that the Planning Commission be directed to advertise and conduct a public hearing for the purpcse of reconsiderlng UP- 71-369 and specifying the ~e~s and conditions of development, and that, pending such hearing and findings, improvements within the southerly peri- meter buffer area be held in abeyance. Following further explanation by Mr. Fleagle, the above motion was carried unanimously. 3. MAYORS' AND COUNCILMEN'S LEGISLATIVE CONFERENCE Mayor Saltarelli and Councilman Woodruff stated that they would try-to attend the Orange County Reception and Dinner honoring Orange County's State Senators and Assemblymen, in Sacramento on May 15; this event is part of the State League's Third Mayors' and Councilmen's Legislative Conference scheduled ~or May 14-16, 1973. 4. ICE CREAM VENDORS Moved by Welsh, seconded by Saltarelli that staff proceed with whatever steps are necessary to require the licensing of ice cream companies and drivers, requiring of police checks of drivers, and control- ling of hours of operation, etc., as recommended by the City Attorney. Carried unanimously. 5. STOP CONTROL AT PROSPECT AND THIRD Mayor Saltarelli directed that the staff send a copy of the Traffic Engineer's May 2nd memo oh a Stop con- trol at Prospect and Third to the citizen who brought the matter to the City's attention. City Council Minutes 5/7/73 Page 8 Moved by Miller, seconded by Welsh that Prospect Acc~iu~ L~L~ k.'irw~ and ~l~ain b~rcets be poste~ for25 m.p.h.,'and that a crosswalk be painted at Prospect and Third. Carried unanimously. 6. JAYCEES' MEMORIAL DAY PROGRAM Mr. Gill stated that the Jaycees had requested per- mission to conduct their annual Memorial Day Scene and Ceremony on Irvine Boulevard. He suggested that the Council give authority to allow this event annually, until such time as that authority is re- voked. Mayor Saltarelli stated that this request seemed reasonable. Moved by Welsh, seconded by Langley that the Tustin Jaycees have authority for their annual Memorial Day Program. Carried unanimously. 7. "TAKE A WALK IN THE PARK" The Council authorized staff to lend whatever aid is needed to Linda Smith and other Tustin Meadows women in their efforts to encourage greater use of Centennial Park to reduce the amount of vandalism by means of their proposed "Take a Walk in the Park" program. Councilman Langley also urged resmmption of the Police Department's program of driving through the park to discourage vandalism. 8. PENDING LEGISLATION Councilman Woodruff. reported on the following Bi'lls and recommended the action indicated: AB 973 (Knox), relative to annexation of unincorpora- ted islands, to be heard by the Assembly Conmittee on Local Government on May 8. The City Administrator was instructed to send telegrams to each Committee member expressing the Council's strong support, and letters to local Legislators for their support when the Bill gets out of Committee. SB 430 (Grunsky), relative to local control of con- dominmum conversions, to be heard by the Senate Com- mittee on Local Government on May 8. The City Administrator was instructed to prepare letters of support of this Bill, to be directed to each Committee member. AB 512 (Deddeh), relative to Workmen's Compensation and safety employees, in the Assembly Subcommittee on Workmen's Compensation of the Assembly Co~m~ittee on Finance and Insurance~ The City Administrator was instructed to prepare a letter opposing this Bill, to be directed to each Subcommittee and Con~t~i~tee menlber. 9. VIETNAM VETERANS CELEBRATION Councilman Lancl_ e!described the successful welcome- home celebration for returning POWs and. Vietn~m Vet- erans, which was held on Saturday April 28. He Major Paul Montague, a former prisoner of warl and his family had expressed appreciation for ~he ne3. ghborhood-type ce!<~bration. City Council Minut,c~s 5/7/73 Page 9 10. RESOLUTIONS REQUESTED Councilmen requested that Resolutions on the follow- ing subjects be included on the next. Council agenda: a) Opposing the Governor's program of cutting fund- ing of mental institutions,' as requested by the Fairview Families and Friends. (It was noted that this resolution would be adopted too late for presentation at the Mayors' and Councitmen's Legislative Conference in Sacramento, May 14-16.) b) Urging State legislation to alleviate problem of litter and waste disposal created by the sale of beverages in disposable nonreturnable con- tainers, similar to that adopted by the Irvine City Council. c) Urging appropriation of Federal funds to com- plete the study of the Santa Ana River Basin Flood Hazard, etc., similar to that adopted by the Buena Park City Council. 11. GOVERNOR'S COUNCIL ON INTERGOVERNMENTAL RELATIONS. .The City Council requested that the staff investi~ gate some of the proposals of the Council on Intergovernmental Relations which may be in con- flict with the concept of local control. The City Council commented tha~ a representative of the ~ City should testify before a Subcommittee of the Governor's Council on June 1, 1973, in the County Board of Supervisors Hearing Room, that the Tustin City Council's attitude ms one of lo~al control under any circumstances. 12. PLANNING MATTERS IN COUNTY AREAS ~ayor Saltarelli stated that he would discuss notification procedures of zone changes, etc., in County areas contiguous to the City (the sub- ject of correspondence between the City and County Planning Commissions, and the City Administrator and Supervisor Clark, etc.) with Supervisor Clark at the Fourth District Mayor-City Manager Break- fast meeting on May 11, 1973. 13. MAINTENANCE YARD The Council reaffirmed previous action approving temporary use of the former Smith property on ~ Prospect as a Maintenance Yard, and authorized Mayor Saltarelli and Councilman Welsh to meet with two members of the Tustin Unified School Board to disuuss possible joint permanent Maint- enance facilities. 14. SIGN ORDINANCE REVISION Following discussion, Council Members agreed to submit to Mr. Fleagle within one week their ihdiv- idual comments on the Chamber Sign Committee's recommendations with regard to a revised sign ordinance, so that Mr. Fleagle can begin draftihg the new ordinance. Upon. completion of the draft, there will be a Council/Chamber Sign Committee workshop. City Council Minutes 5/7/73 Page 10 15. POLICY ON "PUBLIC CONCERNS" The Council concurred in the Mayor's suggested policy that any comments (on new matters) sub- mitted during the "Public Concerns" section of the Agenda, be referred to staff for report prior to any Council action being taken. 16. CONDITION OF PARKS Mayor Saltarel!i announced that he had received many favorable comments about the condition of City parks, and extended his compliments to Mr. Hugh West, Maintenance Superintendent- 17. LEAGUE MEETING--ACTION PLAN Councilman Woodruff announced that the reports by League Action Plan Committees would be voted on at the May 10 Executive Meeting of the Orange County Division of the League. The'Orange County Division will then cast Orange County's position vote at the Mayors' and Councitmen's Legislative Conference in Sacramento next week. XIV. ADJOURNMENT The meeting adjourned at 9:33 p.m. to a Personnel Session, and then to Monday, May 21, 1973. MAYOR CITY CLERK