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HomeMy WebLinkAboutCC MINUTES 1972 11 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL November 20, 1972 CALL TO ORDER Mayor Miller called the meeting to order at 7:35 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Welsh. III. INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley, Welsh. Absent: Councilmen: None. Others present: City Administrator Harry Gill Asst. City Admin.-Comm. Devel. Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe PRESENTATION Mr. Run Oster, President of the Tustin Jaycees, presented a plaque to the City in appreciation for the cooperation of the City Council and staff in making the 1972 Tiller Days celebration the best Mayor Miller accepted the award on behalf of the City., and commended the Jaycees for their efforts in planning and coordinating the e~ents with no expense by the City. PUBLIC HEARINGS 1. ZC-72-234 - CIVIC CENTER SITE On the motion of the Planning Commissionr a Zone Change from C-1 and R-3 to the Public and Insti- tutiDnal District for the property known as the Civic Center Site. Subject property is located at the northwesterly intersection of Main and Centennial with approxi- mately 424 feet frontage on Main Street and ap- proximately 679 feet depth along Centennial Way. Ma~;or Miller opened the public portion of the hearing at 7:38 p.m. There being no comments or objectionsr he closed the public portion of the hearing. Moved by Saltarelli, seconded by Welsh that the find- .i. ngs of the Planning Commission as contained in Resolution No. 1295 be upheld, and that the City Attorney be directed to prepare the necessary ordinance. Carried unanimously. In reply to questioning, Mr. Fleaale said that the Civic Center Architect has been a~prised of procedures for development plans, including Development Preview Commission review. 2. APPOINTMENT OF A MEMBER OF THE TUSTIN PLANNING COMMISSION (Continued from 11/6/72). Moved by Saltarelli, seconded by Langley that the mat- ter of appointing a member to the Tustin Planning Com- mission be continued to the second meeting in December. Carried unanimously. Council Minutes 11/20/72 Page 2 Councilmen Saltarelli and Welsh agreed to interview candidates and make a recommendation to the Council. 3. CHAPTER 27, PROJECT 71-3 CONSTRUCTION OF STREET IMPROVEMENTS AT NEWPORT AND MAIN (NORTHEAST CORNER). Mayor Miller announced that the public hearing for appeals or objections to the report filed by the Superintendent of Streets relative to the construction of street improvements on Newport Avenue and Main Street pursuant to Chapter 27 of the Improvement Act of 1911 was called to order (7:45 p.m.), and asked the secretary whether due notice of the hearing had been given. The secretary replied that notices of the filing of the report and of the time and place for this hearing were duly posted and mailed as prescribed by law and affidavits to this effect are on file in the office of the City Clerk. In reply to the Mayor, she added that no written protests or objections to this pro- posed assessment had been filed with the City Clerk. There being no one present wishing to address the Council on this matter, Mayor Miller closed the public portion of the hearing at 7:47 p.m. At the Mayor's request, the secretary read the follow- ing Resolution by title: RESOLUTION NO. 72-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS OF WORK PERFORMED IN PURSUANCE OF CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911", AND ASSESSING THE COSTS OF SAID WORK, AND DIRECTING THE RECORDING AND MANNER OF COLLECTION OF LIENS (CH. 27, 71-3) o Moved by Welshr seconded by Sa!tarelli that further reading be waived and Resolution No. /2-78 be passed and adopted. Carried by roll call. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. VI. PUBLIC CONCERNS 1. NORTH TUSTIN/SANTA CLARA PARKETTE Mr. Joe'-Valle, 13232 Ethelbee Way, Tustin spoke on be- half of a group of young people to present the "other side" of the story involving the North Tustin parkette, which at the last Council meeting was the subject of an emergency ordinance barring persons over the age of 12 years in the park. He stated that a number of adults have gone into the park and used foul and abusive language and have threatened the young people. He added that adults exceed the speed limit in the area, swerve their cars toward teenagers, etc. He felt that the people signing the petition had their reasons for so doing,,but pointed out that the young people are being punished when the problems are not confined to them. He stated that there must be a better solution. He noted that with regard to making the park safer for the younger children, there are fewer young children Council Minutes 11/20/72 Page 3 playing there now thankbefore, because the younger children had played with the older ones. Curt Nichols, 14542 Livingston, Tustin, acknowledged that there are problems at the park and that restric- ting use of the park was a necessary emergency measure, but suggested that a committee'be formed of young people and Councilmen to produce a solution suitable for everyone. Councilman Welsh agreed that closing the park. was an ,~rgency action to counter a critical situation, and it was not meant to be a permanent solution. He fav- ored the concept of a youth commisbion with youthful direction and perhaps adult guidance, and volunteered to serve on it. He said that if the opportunity is utilized properly, a solution could be found and long- term good could come from it. Councilman Saltarelli stated that such a group may make inroads.in solving the problem, if they realize that adults in the area have rights also, and if they can bring offensive actions of their peer group under control. Councilman Langley agreed, and added that restricting use of the park was a way of forcing the young people to communicate with City leaders to find a solution. Me said that he would also like to be a part of trying to f~nd the solution. Mayor Miller stated tha~ to be successfu~ a group of residents should meet with the young people concerned, and favored Council involvement along with that of a staff member or youth authority representative to determine the best way to solve it. He also stated that the group should not be structured to be too big to manage, and suggested that Councilmen Langley and Welsh ch~ir the committee and Curt Nichols recruit a small group to meet with residents. ~ouncilman Welsh asked that the committee be as free as possible and size of the group should not be re- stricted, and the cause of communication with youth would not be served if the group is dominated by adults, But he agreed that residents would be in- Volved in any solutions arrived at. In reply to a question by Councilman Welsh, Police Chief Glenn Sissel stated that the problem at the park has been temporarily solved to the best of his knowledge, and he complimented the young people for their cooperation. Mrs. Mary Kelly, 330 E1 Camino Real, Tustin, recom- mended a positive approach to this situation including constructive projects for young people to become in- volved in, and stimulation and encouragement of youth by the adult community. Mr. Langley suggested that, with approval of the com- mittee, the expert guidance of a juvenile officer be sought, since a number of the problems experienced in the park were police-type problems. Councilman Welsh agreed, and also suggested the assistance of the Recreation Supervisor, Sam Randall. Council Minutes 11/20/72 Page 4 Mayor Miller designated Councilman Welsh as the leader in t~is endeavor to set up the meetings and structure the group to be effective. He thanked the large group of young people for attending the meeting, and commended their attentiveness and courtesy. RECESS The Mayor called a recess at 8~17 p.m. The meeting reconvened at 8:27 p.m. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - November 6, 1972, meeting. 2. RATIFICATION OF DEMANDS in amount of $393,827.13. Moved by Saltarelli, seconded by Langle~ that both items on the Consent Calendar be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 560 An Ordinance of the City of Tustin, California, ADDING ARTICLE III TO CHAPTER 20 OF THE TUSTIN CITY CODE TO PROVIDE FOR THE PAYMENT OF FEES IN CONNECTION WITH CONSTRUCTION OF BUILDINGS. Moved by Welsh, seconded by Saltarelli that Ordinance No. 560 have second reading by title only. Carried unanimously. The secretary read Ordinance 560 by title. Moved by Welsh, seconded by Langley that Ordinance No. 560 be adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 562 An Ordinance of the City Council of the City of Tustin, California, PROHIBITING CERTAIN PER- SONS IN NORTH TUSTIN PARKETTE ALSO SOMETIMES KNOWN AS SANTA CLARA PARKETTE. 2. ORDINANCE NO. 563 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE OF THE CITY OF TUSTIN, ORDINANCE NO. 157, AS AMENDED, TO PER- MIT DAY CARE HOMES - CHILDREN. Moved by Saltarelli, seconded by Langley that Ord- inances 562 and 563 have first reading by title only. Carried unanimously- The secretary read Ordinances 562 and 563 ~ title° RESOLUTIONS 1. RESOLUTION NO. 72-77 (See next page) Council Minutes 11/20/72 Page 5 1. RESOLUTION NO. 72-77 A Resolution of the City Council of the City of Tustin, California, ANNEXING TO THE CITY OF TUSTIN CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED NEWPORT-MAIN ANNEXATION NO. 77. 2. RESOLUTION NO. 72-79 A Resolution of the City Council of the City of Tustin, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUISITION BY CONDEMNATION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. Location: 14652 Prospect Avenue 3. RESOLUTION NO. 72-80 A Resolution of the City Council of the City of Tustinr California, PETITIONING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CANCEL TAXES. 4. RESOLUTION NO. 72-81 A Resolution of the City Council of the City -of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CENTER MEDIAN CURBS ON 17TH STREET BETWEEN CARROLL WAY AND YORBA STREET NORTH.. Councilman Saltarelli requested that Resolution No. 72-79 be discussed separately. Moved by Welsh, seconded by Saltarel]i that Resolu- tions 72-77, 72-80, and 72-81 be read by title only. Carried unanimously. The secretary read Resolutions 72-77, 72-80 and 72-81 by title. Moved by Welsh, seconded by Langley that Resolutions 72-77, 72-80, and 72-81 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. RESOLUTION NO. 72-79 Councilman Saltarelli stated that it appeared that the intent of the City was to give a life estate on the property (of Ida and James McCalla, 14652 Pros- pect Avenue)~ in which case the City would wait for some time for the use of it, and he saw no need to proceed with condemnation at this time. He felt that there may be better reasons in the future for the McCallas to enter into negotiations with the City, but it was not critical to enter into eminent domain proceedings at this time. He preferred to wait a little longer and contact the McCallas again to see if they are amenable to some kind of agreement. In reply to questioning, Mr. Gill stated that this was tD be park #3 and that the City owns property to the south and will shortly own property to the north of this parcel, and it would not be feasible to develop the other parcels as park sites without this area. Council Minutes 11/20/72 Page 6 Mr. Rourke added that when condemnation action is Eiled, that fixes the date of valuation of the property involved. If the matter is brought to trial within a year, unless there is some agreement extending the valuation time period, the only other possible detriment would be in the City owning the School District and Flood Control District properties and not using them while waiting to acquire the McCalla property- Land does continue to increase in value, so the value they're entitled to is increased until action is filed. Replying to Mayor Miller's question about the possibility of a taxpayer's suit for not proceeding, Mr. Rourke stated that if the City expends public monies for properties and doesn't put them to user it could be challenged as an invalid expenditure of public funds- He sum- marized contacts with the McCallas and their at- torneys, and also defined a life estate. Councilman Welsh felt that the City Council had~a serious obligatfon to the voters who approved the park bonds, and taxpayers should not have to incur greater cost' at a later timeo Mayor Miller stated that since November, 1971, con- struction costs have increased by slightly over 8%- Moved by Welsh, seconded by Sal~arelli that Resolution No..72-79 be read by title only... Carried unanimously. The secretary read Resolution No. 72-79 by title. Moved by Welsh, seconded by Langley that Resolution No. 72-79 be passed and adopted. In reply to questioning, Mr. Gill stated that the City did investigate properties possibly available for park purposes, and there are no other properties suitable. He added that the City's successful park bond issue did identify the park sites. Above motion failed by roll call vote. Ayes: Miller, Langley, Welsh. Noes: Saltarelli- Absent: none. (Mr. Rourke stated that a four-fifths vote of the Council was required.) Mayor Miller directed that this Resolution be placed on the Counc'il agenda at the second meeting in December- XI. OLD BUSINESS 1. FINAL MAP OF TRACT NO. 7954 Location: Easterly of Tustin Meadows and southerly of Walnut Avenue- 2. FINAL MAP OF TRACT NO. 8033 Location: Bounded by the A.T. & S.F. Venta Spur tracks; the easterly extension of Walnut Avenue; proposed Cherry- wood Lane and a line approximately 1,350 feet northerly of Walnut Avenue. Mr. Fleag!e stated that the Planning Conm{ission had met at 7:15' p.m. that evening, and continued these items to their next regular meeting, November 27. The Council directed that these items be removed from the agenda. Council Minutes 11/20/72 Page 7 XII. NEW BUSINESS 1. AMENDMENT TO AGREEMENT WITH COUNTY OF ORANGE FOR CONSTRUCTION OF RED HILL STORM DRAIN. 2. APPROVAL OF AGREEMENT WITH STATE OF CALIFORNIA - POPULATION ESTIMATE. 3. CONSTRUCTION OF BRYAN AVENUE STORM DRAIN FROM BROWNING TO RED HILL AVENUE. 4. ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT AGREEMENT. AHFP AGREEMENT FOR 1972-73 FISCAL YEAR FIRST STREET PROJECT NO. 649 (PHASE II) 5. AGREEMENT WITH SANTA FE RAILROAD - WALNUT AVENUE CROSSING PROTECTION. 6. CIVIC CENTER LANDSCAPING AGREEMENT - PETERSON AND BEFU. Moved by Welsh, seconded by Saltarelli that agreements be approved: with the County of Orange for construction of the Red Hill Storm Drain; with the State of Calif- ornia Population Research Unit for a City Population Estimate; with the Orange County Flood Control District for construction of the Bryan Avenue Storm Drain from Browning to Red Hill; with the County of Orange (Art- erial Highway Financing Program Project Administration --- Agreement) for Phase II of the improvement of First Street; and with Peterson and Befu for landscaping of the Civic Center; and that the Mayor and City Clerk be authorized to execute said agreements. Carried unanimously. Moved by Saltare!li, seconded by Welsh that Agreement with the Santa Fe Railroad concerning Walnut Avenue ~rossing Protection be continued. Carried unanimously. XIII. OTHER BUSINESS 1. ACQUISITION OF RIGHT OF WAY, PARCEL NO. 9 (First Street AHFP Project No. 649, Phase II) Moved by Saltarelli, seconded by Langley that Parcel No. 9 (southeast corner of First and "A" Streets Farmer's Insurance Office) be acquired in accordance with the City Engineer's recormmendations. Carried unanimously. 2. REVENUE SHARING v Mr. Gill stated that a special committee of the Orange County League of Cities, consisting of five Mayors and five City Managers, has recommended that the City Man- agers meet on Tuesday, November 28, to discuss a pro- posal for expenditure of County Revenue Sharing funds. At a noon meeting of the League on December 4, a unified cities' proposal will be prepared for presen- tation to the Board of Supervisors at a public hearing on December 6. The recommendation is that the cities ask the Board of Supervisors to share 50% of their allocation with cities zn matching funds projects throughout Orange County. He stressed the need for a uniform approach from all cities, and League Presi- dent Bob Finnell's recommendation that city councils take a position on it. Council Minutes 11/20/72 Page 8 Moved by Welsh, seconded by Saltarelli that the con- cept of the County sharing half of its Revenue Sharfng allocation with cities on a matching funds basis be endorsed. Carried unanimously° 3. COASTAL CONSERVATION COMMISSION Mayor Miller was authorized to attend the December 14th, 9:15 p.m., meeting of the City Selection Committee at Friedemann Hall in Orange for appointment of cities' representative to the Coastal Conservation Commission .... Mayor Miller invited the other Council members to at- tend the meeting also, or to provide their input to him by telephone prior to the meeting. XIV. ADJOURNMENT Moved by Langley, seconded by Saltarelli that the meeting be adjourned (9:15 p.m.). Carried unanimously- MAYOR ',, CITY CLERK \