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HomeMy WebLinkAboutCC MINUTES 1972 11 06 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL November 6, 1972 CALL TO ORDER Mayor Miller called the meeting to order at 7:35 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Saltarellio III. INVOCATION Given by Councilman Langley. IV. ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley, Welsh. Absent: Councilmen: None. Others present: City Administrator Harry Gill City Attorney James Rourke Asst. City Admin.-Comm. Devel. Ken Fleagle City Clerk Ruth Poe PRESENTATION RESOLUTION NO. 72-76 A Resolution of the City Council of the City of Tustin, California, EXPRESSING APPRECIATION TO FRANK MORRIS. Mayor Miller read Resolution No. 72-76. in full. Moved by Saltarelli, seconded by Welsh that further reading be waived, and that Resolution No. 72-76 be passed and adopted. Carried by roll call. Ayes: Mi!lerw Saltarelli, Langley, Welsh. Noes: none. Absent: none. After all Councilmen had signed the Resolution, Mayor Miller presented it to Mr. Frank Morris, along with a plaque for his service on the Development Preview Commission. V. PUBLIC HEARINGS 1. APPOINTMENT OF A MEMBER OF THE TUSTIN PLANNING COMMISSION. Mayor Miller stated that two applications had been received, from Cass Hare and George A. McHarris, for appointment to the Planning Cowmission to re- place Milton Curtis, whose term expires on November 15. He opened the public portion of the hearing at 7:39 p.m. Mr. Gfady Henry, President of the Tustin Chamber of Commerce, stated that the Chamber Executive Board had endorsed Cass Hare for the position, and enumera- ted Mr. Hare's civic interests and activities. There being no further comments or objections, the Mayor closed the public portion of the hearing at 7:41 p.m. · Moved by Saltarelli, seconded by Langley that, in fairness to all candidates, the matter of .appoint- ment of a member to the Tustin Planning Commission be continued' to the next regular meeting. Carried unanimously. Council Minutes 11/6/72 Page 2 ~ouncilmen Langley and Welsh were appointed to inter- view the applicants and make recommendations at the · next Council meeting. 2. AMENDMENT TO ZONING ORDINANCE - "DAY CARE HOMES-CHILDREN" An amendment to Section 4.2 (the R-1 District) of Ordinance No. 157, the Zoning Ordinance, as amended, initiated by the Planning Commission on its own motion, to add as a permitted use: "Day Care Homes-Children" Mr. Fleagle explained 'that this amendment constitutes a technical change to specify that Day Care Homes (babysitting) are authorized within the R-1 District, to clarify the position of the City in enforcement of regulations. This in conformance with State law. Mayor Miller opened the public portion of the hearing at 8:44 p.m., and, there being no comments or objec- tions, closed the public portion of the hearing. Moved by Saltarelli, seconded~by Welsh that the ~indin~s of the Planning Commission as contained xn Resolution No. 1294 be upheld, and that the City Attorney be instructed to prepare the imple menting ordinance. Carried unanmmously. VI. PUBLIC CONCERNS 1. SANTA CLARA (NORTH TUSTIN) PARKETTE " Mr. Robert T. Murphy, 13591 Carroll Way, Tustin, described a problem he said has been going on for about 2½ years in the area of the Santa Clara Park- ette, involving a large number of young people abusing the park, littering, harrassing younger children, blocking the street, and parking near the park ~or long periods of time. He said that if the situation continues much longer, there may be a public confrontation. A petition submitted to the City requesting a 6:00 p.m. closing time for the park was signed by residents of 98 of about 100 homes in the area. The following persons spoke in support of Mr. Murphy's remarks; some also related their own experiences with the problem: Mr. Rod Lloyd, '13522 Marshall Lane Mr. R. M. Scamnes, 13542 Marshall Lane Mr. Bernard Perry, 13682 Marshall Lane Mrs. Robert Murphy, 13591 Carroll Way Mr. & Mrs. Frank Sheldon, 13542 Carroll Way Mr. Lowell Ehrhardt, 13622 Carroll Way Mr. Carl Hill, 13662 Fairmont Some suggestions offered by these speakers were: "No Parking" signs on Carroll and Santa Clara because of the safety hazard; homeowners' associ- ation, to block the area and finance security guards; civic patrol, to work with the Tustin Police Depart- ment; fencing, closing, or planting cactus in the park, or restricting the age of those who may use it; and closing the park for 30 days for repair or maintenance. Council Minutes 11/6/72 Page 3 In Council and staff discussion of the matter, Mayo~ Miller stated that the Council had not really been, aware of the situation but was committed to relieve the situation. He suggested imposing an early curfew in order to give the Police some basis for action. Councilman Saltarelli suggested stepped-up Police patrols and apprehension of so~e of the young offen- ders and have their parents pick them up at the Police station. He agreed that a homeowners' associ- ation might be a good solution, although creating an assessment district to maintain the park, if it were converted to a private park, might be too expensive for some residents to undertake° Councilman Welsh stated that an initial solution would be a 6:00 p.m. curfew and restriction of the park to young children only, with increased Police surveillance. He acknowledged the need for some constructive activ- ity for these young people and felt the staff should make recommendations for a program to prevent this type of problem from recurring. He opposed the crea- tion of a homeowners' association as it would take too much time. Councilman Langley questioned the staff about dis- couraging non-residents from being in the area by requiring some type of identification or justifica- tion for their presence in the area, and about laws regulating unlawful assembly and loitering, and im- posing a 30-minute parking except by permit and issue permits to residents. Mr. Rourke stated that there are possibilities of creating an early curfew, restricting the park to children of a certain age, possibly accompanied by a parent, but did not think there was any way under the law to prohibit people from using the streets in the area just because they don't live there. The City of Beverly Hills has adopted a tough policy of interrogating people and they are apparently willing to take whatever consequences there may be with regard to exposure to liability. He added that it would be unlawful to limit parking on a public street to residents of the street only. Mr. Gill added that the Police do investigate pas~ curfew time, and also suspicious vehicles if they have reason to believe a law is being violated, but if there is no violation of the law, they are power- less to do anything. Mayor Miller felt that residents should not have to go to extra expense and form associations in order to get protection, and instructed the staff to take every step legally possible to solve the problem. The City Attorney was asked to draft an ordinance for adoption as an urgency measure later in the meeting (see page 5), to provide for limiting use of the parkette to children under 13, and adult family members accompanying children under 13, an~ public employees on official business. The staff was authorized to have a chain link fence.constructed along the Santa Clara side of the park. The Mayor called a recess at 8:55 p.m. The meeting reconvened at 9:10 p.m. Council Minutes 11/6/72 Page 4 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES October 16, 1972, meeting. '2. RATIFICATION OF DEMANDS in amount of.$160,761.94. Moved by Welsh, seconded by Saltarelli tha~ both items on the Consent Calendar be approve~l. Carried ~ ~n~n~mously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 556 An Ordinance of the City of Tustin, California, PREZONING PROPERTY ON APPLICATION NO. PZ 72-136. Property located on the southeast side of Eliza- beth Way approximately 150 feet northeast of Old Irvine Boulevard, to be prezoned to Planned Communi'ty-Commercial. 2. ORDINANCE NO. 557 An Ordinance of the City of Tustin, California, REZONING PROPERTy ON APPLICATION NO. ZC 72-232. Rezoning property located on the northeasterly corner of Irvine Boulevard and Elizabeth Way, to Planned Community-Commercial. ~ 3. ORDINANCE NO. 558 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. 72-233 OF SOUTHERN CALIFORNIA PROJECTS, INC. Rezoning property on east side of Newport Avenue, bounded by Main and Bryan, to the Planned Com- munity (PC-Commercial) District. ~oved by Saltarelli, seconded by Welsh that Ordinances 556,557 and 558 have second reading by titl~ The secretary read Ordinances 556, 557 and 558 by title. Moved by Welsh, seconded by Langley that Ordinances ~56,557 and 558 be adopted. Carried. A~es: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. IX. ORDINANCES FOR INTRODUCTION 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. Mr. Gill explained that this ordinance is designed ~o reaffirm the validity of the October 16 Council action adopting Ordinance 559 as an urgency measure, and to clarify certain sections which were unclear in administering the ordinance. He added that letters have been received from Charles Greenwood and John H. Council Minutes 11/6/72 Page 5 Siegel protesting the imposition of the new tax. Councilman Saltarelli responded to the letters by saying that if the fees for commercial and indus- trial are nominal, as Mr. Greenwood states, the ordinance should be construed as pro-development, not restrictive; and in regard to Mr. Siegel's request for purposes of the revenues derivedr the ordinance states that proceeds'will go into the General Fund of the City. Moved by Saltarelli~ seconded by Welsh that Ordinance No. 560 have first reading by title only. Carried unanimously. The secretary read Ordinance 560 by title. RESOLUTIONS 1. RESOLUTION NO. 72-75 A Resolution of the City Council of the City of Tustin, California, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 12TH DAY OF DECEMBER 1972 TO BE MADE BY THE CITY CLERK OF THE CITY OF TUSTIN. Moved by Langley, seconded by WeLsh that Resolution No. 72-75 be read by title only. Carried unanimously. The secretary read Resolution No. 72-75 by title. Moved by Langley, seconded by Welsh that Resolution No. 72-75 be passed and adopted. Carried. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. PUBLIC CONCERNS ORDINANCE NO. 561 (Continued) An Ordinance of the City Council of the City of Tustin, California, PROHIBITING CERTAIN PERSONS IN NORTH TUSTIN PARKETTE ALSO SOMETIMES KNOWN AS THE SANTA CLARA PARKETTE. Moved by Welsh, seconded by Saltarelli that Ordinance No. 561 be read in its entirety. C. arried unanimously. The secretary read Ordinance No. 561 in full. Moved by Welsh, seconded by Saltarelli that Ord- lnance No. 561 be adopted as an urgency measure. Carried by roll call. Ayes: Miller, Saltarelli, Langley, Welsh. Noes: none. Absent: none. XI. OLD BUSINESS 1. CONSIDERATION OF APPOINTMENT OF ALTERNATE TO THE DEVELOPMENT PREVIEW COMMISSION. Moved by Saltarell!, seconded by Langley that Mr. Rex E. Rehnquist, AIA, be appointed to fill FEank Morris' unexpired term as Alternate Men~er on'th~ Development Preview Commission, Eerm to expir~ September 5, 1973. Carried unanimously. 2. MASTER PLAN OF DRAINAGE (See next page) Council Minu~es 11/6/72 Page 6 AGREEMENT FOR MASTER PLAN OF DRAINAGE FOR MARINE CORPS-IRVINE ANNEXATION NO. 71-A AREA. .M. oved by Welsh, seconded by Saltarel]~ that the Mayor and City Clerk be authorized to execute the Master Plan of Drainage Agreement with the County of Orange. Carried unanimously. 2. TRAFFIC INTERCONNECT SYSTEM AGREEMENT - COUNTY OF ORANGE. .M. oved by Welsh, seconded by Langley that the Mayor and City Clerk be authorized to execute Agreement {~ith the County of Orange for Red Hill Avenue Signal Interconnect S~stem. Carried unanimously. XIII. OTHER BUSINESS 1. SPHERE OF INFLUENCE The Council discussed Tustin's Sphere of Influence as related to the School District boundaries. Councilman Sal tarelli publicly contradicted comments in a letter from Gerard Fane, president of the Foot- hill Home Owners' Association, about a lack of inter- action between the City of Tustin and recognized organizations of residents in unincorporated areas. The City has extended offers of assistance on concerns about its policies. He said that any dialogue should be in a rational and businesslike manner, which the City has offered, and he had explained to Mr. Pane that there is no attempt to annex North Tustin to the City, and that LAFCO had requested that the City file its Sphere. Mr. Gill concurred in these remarks. Mr. Frank Greinke, 1011 Laguna Road, Tustin, a North Tustin resident (19622 Country Haven Lane), stated that Mr. Fane does not represent the major- ity of people in the North Tustin area in his anti- Tustin stance, and does not consult Association membership about their thinking on this matter. Mr. Greinke noted North Tustin's economic and social ties to the City, and felt that Mr. Fane's position should be challenged by the Council. 2. .WATER SERVICE TO IRVINE ANNEXATION AREA .Mayor Miller referred to the October 31st letter from Mr. Lansing Eberling, President of the Irvine Ranch Water District Board of Directors, requesting a rapid decision on the proposal discussed with the Mayor the previous week, for wa~er service to the Irvine annexation area. He noted that Mr. William }~urst, IRWD Manager, and Mr. Frank Hughes, Irvine Company, were present. Mr. Gill stated that there would be an in-hou'se meeting on Wednesday, November 8, to discuss this issue, and that after that he would be happy to set up a meeting with IRWD to reach an ultimate agreement. Mr. Frank Hughes stated that the concept proposed was that the area would remain within IRWD, served by IRWD until the City of Tustin acquires the Tustin Water Works, at which time the IRWD lines would be Council Minutes 11/6/72 Page 7 deeded to the City at no cost, subject to IRWD providing wholcsale water to the City at the rate prevailing throughout the District. The present rate is $64/acre foot. There was some discussion among the Council as to whether this concept is in conflict with past Council action (Resolutions establishing a City water system and designating Tustin Water Works as the supplier of water to the City). Mr. Rourke stated that the Irvine Company attorneys are familiar with those Resolutions, and he did not see any problem with them. Moved by Saltarelli, seconded by Langley. that the staff be auEhorized to meeE with IRWD to explore the concept proposed by IRWD. Carried unanimously. 3. FIRST STREET RIGHT-OF-WAY ACQUISITION The Council discussed the City Engineer's November 3d report concerning acquisition of right-of-way in connection with First Street AHFP Project #649 (Phase II), and containing recommendations regard- ing the following parcels: Parcel #4 - Northeast corner ~f First and "C" (Tustin Auto Clinic) Parcel #5 - North side of First eas~ of "C" (Tustin Auto Parts) Parcel #6 - West side of First east of "C" (Tustin Lumber Company) Parcel #7 - South side of First west of "B" (Medical Office Suites, Drs. Bond and Ness) Parcel #9 - Southeast corner of First and "A" (Farmers Insurance Office) Moved by Welsh, seconded by Saltarelli that the Council concurs with the City Engineer's recommenda- tions regarding acquisition of Parcels 4, 5, 6, and 7, and that Parcel ~9 be deferred for further stafk studX. Carried unanimously. 4. MUNICIPAL ADVISORY COUNCILS--City Administrator Mr. Frank Greinke strongly urged a "public expose" of the matter of Municipal Advisory Councils and their ramifications, and complete access by the press to information on the subject. The Council concurred in the Mayor's recommendation that this be brought to the attention of the Orange County Division of the League of California Cities, and that copies of the City Administrator's November 3d report be distributed to all in attendance at the November 9th League Executive Meeting. 5o EIS CONFERENCE Moved by Welsh, seconded by Langley that two members of the Planning Commission be authorized to attend a One-Day Conference on Environmental Impact StateL ments to be held November 17, 1972, at the Orange County Medical Association Building, and that the fee of S40.00 per person be allocated. Carried unanimously. Council Minutes 11/6/72 Page 8 6. DEVELOPMENT PROCEDURES · No Council action required. Mr. Gill stated that he would set up the procedures recommended by Mr. Brown and endorsed by the Planning CommisSion utilizing present staff members. 7. ACKNOWLEDGEMENT OF SUPERVISOR CLARK The Council requested that a letter of appreciation be directed to Supervisor Ralph Clark for his efforts on behalf of the City resulting in deferral of the matter of relQcation of the County Volunteer Fire Station to Red Hill and Irvine in the City. 8. FIRST STREET, NEWPORT TO RED HILL Council directed that the matter of removal of the section of First Street between Newport and Red Hill from the County Master Plan of Arterial Highways be advertised for public hearing by the Planning Com- mission at the earliest possible date. 9. JAYCEES COMMENDED Councilman Welsh congratulated the Tustin Jaycees for a fine job in planning and promoting the Tiller Days Parade and festivities this year. 10. CITIZEN COMMENTS: SOLOMON SHAPIRO' Mr. Solomon Shapiro, 14222 Mimosa Lane, Tustin, addressed the Council about retaining recorded tapes of Council meetings for a longer period of time to enable citizens to prove statements made during past meetings; this was in regard to com- ments made at a past Council meeting in regard to the Hester development, which apparently were not adhered to. Mr. Shapiro also objected to treat- ment by t~e DPC of Enderle Gardens representatives during a recent meeting, and their review of the Hester development, particularly the ten-foot setback. It was explained that tapes of meetings are retained for only six months due to cost and storage problems. Mr. Fleagle explained the misunderstanding between one of the Commissioners and Enderle Gardens repre- sentatives at the DPC meeting mentioned above, and described the tree arrangement within the ten-fooE open area, and said that he determined, with the City Attorney's concurrence, that the ten-foot set- back area must remain an open area and that patio roofs and trellises would not be authorized. Whether a concrete slab or a fence Ks permitted has not been resolved and may require Council determina- tion. The CC & Rs provide that the Association has the right to assure the maintenance of that area, but the property owner of the adjoining unit has rights superior to anybody else within the tract. Mr. Shapiro stated that the CC & Rs should also pro- tect those ~n Enderle Gardens by requiring maintenance of the area as common ground, and not for use as a playground. Council Minutes 11/6/72 Page 9 XIV. ADJOURNMENT Moved by Welsh, seconded by Langley that the meetin~ be adjourned. Carried unanimously. (lo:48 p.m.) MAYOR CITY CLERK