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HomeMy WebLinkAboutCC MINUTES 1973 06 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL June 18, 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 Woodruff. IV. ROLL CALL Present: Councilmen: Saltarelli, Langley, Miller, Welsh, Woodruff. Absent: Councilmen: None. Others present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS 1. 1973-74 CITY BUDGET Councilman Miller stated that everyone who so de- sired wo'uld be given an opportunity to comment on the proposed 1973-74 Budget, and recommended one additional public workshop session before any decision is made on the Budget. Mayor Saltarelli opened the public portion of the hearing at 7:35 p.m. Mrs. Agnes Bacon, 140 Mountain View, Tustin, repre- sentin~ the League of Women Voters, complimented the staff on the format of the Budget, and the increased fire protection services provided therein. There being no further comments or objections, Mayor Saltarelli closed the public portion of the hearing at 7:37 p.m. VI. PUBLIC CONCERNS NONE. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - June 4, 1973, meeting. 2. RATIFICATION OF DEMANDS in amount of $85,128.07. 3. FIRST STREET RIGHT-OF-WAY CERTIFICATION Authorization for the Mayor and City Clerk to execute the Right-of-Way Certification, as recommended by the AsSistant City Engineer . Moved by Woodruff, seconded by Welsh that all items on the Consent Calendar be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 585 (See next page. ) City Council Minutes 6/18/73 Page 2 1. ORDINANCE NO. 585 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO REQUIRE LICENSING OF ICE CREAM VENDORS. 2. ORDINANCE NO. 586 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO PARK- WAY TREES. Mr. Kenneth Smith, 17812 Romelle, Santa Ana, owner of Mel-O'Dee Ice Cream in Santa Ana, repeated his objections of the previous meeting to provisions of Ordinance No. 585, specifically to limiting hours of operation, citing a "gentlemen's agreement" throughout Orange County to cease operations at 9:00 p.m. He would be willing to operate only to 8:00 p.m., but felt that the "one-half hour after sundown" quitting time would work an economic~hard- ship ondriversdUringpartof the year. Councilman Welsh discussed what the $25.00 permit application fee would cover in staff time, based on requirements of this Ordinance, and also strong- ly objected to the assumption carried by the Ordinance that ice cream vendors are "guilty until proven otherwise". He maintained that in the case of any questionable activity by a driver, the Police should be called and the individual appre- hended--a procedure which makes~oresense than singling out ice cream vendors for this type of licensing. Inreply to questions by the Council, Mr. Gill described other types of businesses, such as taxicabs, carnivals, and public gatherings, etc., which are required to apply to the License. and Permit Board. He also clarified the charge involved, by stating that there is a $25.00 fee to the company in conjunction with application to the License and Permit Board, with no additional charge to the individual drivers. There is also a $5.00 per vehicle inspection fee. The Council discussed setting definite hours of operation to accommodate ~d~r~!Operatingas late 7 as possible during differen~ Seasons, such as 9:00 p.m. limit.from June~thr~u~h September~!and 8:00 p.m. during the rest of the year. It was pointed out that the actual limits of the City are surrounded by a very large unincorporated area, which is a ,'fertile fi~d for this kind of vending". Moved by Miller, seconded by Woodruff that Ordinance No. 585 have second readingby title only. Carried unanimously. The secretary read Ordinance No. 585 by title. Moved by Langley, seconded by Miller that Ordinance No. 585 be adopted. Carried. Ayes: Saltarelli, Langley, Miller, Woodruff. Noes: Welsh. Absent: None. City Council Minutes 6/18/73 Page 3 Moved by Welsh, seconded by Miller that Ordinance No. 586 have second reading by title only. Carried unanimous ly. The secretary read Ordinance N0. 586 by title. Moved by Welsh, seconded by Langley that Ordinance No. 586 be adopted. Carried, Ayes: Saltarelli, Langley, Miller, Welsh, W~uff. Noes: none. Absent: none. ORDINANCES FOR INTRODUCTION NONE. X. RESOLUTIONS 1. RESOLUTION NO. 73-47 A Resolution of the City Council of the City of Tustin, California, ESTABLISHING THE MASTER PLAN OF TREES. 2. RESOLUTION NO. 73-48 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR FIRST STREET WIDENING BETWEEN NEWPORT FREEWAY AND PROSPECT AVENUE, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. At the MayorI!s request, the secretary read Resolu- tions 73-47 and 73-48 by title. Moved by W~lsh, seconded by W~o~ruff that further reading be waived and that Resolutions 73-47 and 73-48 be passed and adopted. Carried. Ayes: Saltarelli, Langley, Miller, Welsh, Woodruff. Noes: none. Absent: none. XI. OLD BUSINESS 1. APPEAL FOR PERSONNEL HEARING, FILED BY PHILLIP D. EATON, ATTORNEY, ON BEHALF OF LINDA BRIGGS. (Continued from 6/4/73) Mayor Saltarelli stated that the Council had met in Personnel Session and reviewed the facts of this case. Mr. Phillip D. Eaton, Attorney, of Silvas and Eaton, 1140 West Santa Ana Boulevard, Santa Ana, representing Linda Briggs, commented that, on the recommendation of the City Co~uncil, procedures outlined in the City's Personnel Rules were followed, and, at this point, a hearing by the Council is called for. Mr. Eaton contended that the materials on the investigation leave many points at issue, and stated that he was not present at any of the taped interviews and there- fore had had no. opportunity to observe the demeanor of the witnesseS, particularly under cross-examination. Also, Lieutenant Schorle was not interviewed. In reply to the Mayor, Mr. Eaton stated that he had originally asked for an open, formal hearing, but had no preference as to whether the meeting was open or closed. City Council Minutes 6/18/73 Page 4 Mayor Saltarelli stated that after thorough review of the facts, it was the Council's feeling that the appeal for a Personnel Hearing should not be granted, as the course of administrative processes has determined that the appeal is not proper and that the former employee tendered her resignation, which was accepted. XII. NEW BUSINESS 1. AWARD OF CONTRACT - UTT & MITCHELL PARK Moved by Welsh, seconded by Miller that the Mayor and City Clerk be authorized to execute agreement with Recreation Land Planners, Inc., for archi- tectural and engineering services regarding the Utt and Mitchell park site.development. Mr. Gill replied to the Council's questions about the architect's fee, and concerning determination of the nature of the park. He stated that this approval is just for employment of the architect, and specific aspects of the park development will be discussed at a laterdat~ Mayor. Saltarelli stated that the decision as to Whet~"r thisWillbe an active or a passive park willhave to~ome at the Council level, after input from the Parks and Recreation Commission and area residents. Councilman Welsh agreed, and recommended serious consideration of an active park for this location. He suggested exploring the possibility of use of the back wall of the Stater Bros. Market as a handball court. Above motion carried unanimously. XIII. OTHER BUSINESS 1. USE OF SCHOOL BUSES TO THE BEACH Councilman Welsh stated that the City Administrator had contacted the School Districts, and found that a beach bus program could be implemented by the City with a reasonable expenditure of funds. Mr. Welsh stated thathe had received overwhelming ~,e~dorsement of the idea from members of the com- munity who had contacted him. He encouraged the Council to act on this matter. Mr. Gill responded to a question by the Mayor, stating that the School District could not under- take such a program for the summer, according to District staff, because they did not have the gasoline available. The Council discussed potential problems such as possible excessive cost to the City, enforcing an age limitation on passengers, City's liability in case of accident, means ofeffecting parental awareness of limitation of the City's liability, scheduling problems, limiting service to City residents, etc. It was Mr. Rourke'sopinionthat the. City could limit its liability as to things that might happen at the end of the ride., by making it clear what City Council Minutes 6/18/73 Page 5 the City is providing and what it is not. All materials put out about the program should emphasize this, and a minimum age limit should be imposed. Regarding the suggestion that Tustin explore the possibility of having the City of Irvine extend its beach bus service to include the Tustin area, Mr. Rourke stated that there would be no P.U.C. involvement with such an agreement. Following further discussion, it was moved by Welsh, seconded by Miller that the staff proceed with nego- tiations on a beach bus program, with the Tustin Elementary School District or with the Cit~; of Irvine. Councilman Miller supported the motion with the com- ment that cost is a very material factor. Councilman Woodruff stated he would support it if it is intended that it will be implemented by July 10; that the agreement will be for rental of equipment only, with no recreation program involvement; and that the pos- sibility of a card system, identifying the bearer's age and residence, etc., be explored. Councilman Langley stated that his approval would be subject to publicizing of the limits of the City's liability. Mayor Saltarelli stated his main concerns were cost and liability. Above motion carried unanimously. 2. AGREEMENT WITH ORANGE COUNTY TRANSIT DISTRICT Moved b%z Miller, seconded b~z Welsh that the Mayor and City Clerk be authorized to execute the Agree- ment with the Orange County Transit District. Carried unanimously. 3. DEVELOPMENT PREVIEW COMMISSION In reference to the Mayor's June 7th memo to the City Council relative to the Development Preview Com- mission, Mr. Gill recommended tha~ if the Council decides to take action affecting the function of that Commission, such action be deferred for three weeks pending the return of the Community Development Director from vacation, due to the impact on the staff of any such change. Moved b~z Miller, seconded by Langley that the staff place on the Council agenda as soon as possible a revised ordinance to implement Alternative #~ in the above-referenced memo from the Mayor, to change the function of the Development Preview Commission to that of a design review appeals board. Carried unanimous ly. 4. PROPOSED RESOLUTION FOR ADOPTION BY STATE LEAGUE The Council briefly discussed the City Administrator's June 11 memo recommending Council endorsement of a resolution to be presented to the Orange County City Managers' group and the Orange County Division of the League for their approval, prior to being forwarded to the State League for consideration of adoption by its General Assembly at the Annual Conference in October. The resolution urges the State Board of Equalization to permit review of sales t~ax records locally. City Council Minutes 6/18/73 Page 6 Moved b~F Miller, seconded by Woodruff that the Council concurs that~ the proposed resolution urging the State Board of Equalization to permit review Of sales tax records locally be submitte~ to the Orange County City Managers' group and the Orange County League for endorsement prior to submission to the State League. Car'ri'ed unanimously. 5. MASTER YOUTH CALENDAR Councilman Welsh reported on a recent youth meeting, attended by leaders of a number of youth-oriented groups in the community, during which discussion centered on the feasibility of a community-wide master calendar of youth activities, to improve communications among the organizations and with the public and to avoid scheduling conflicts. He recommended City assistance in coordinating such a calendar, but with a minimum of staff time. Councilman Langley asked' that~Council Members be included on the mailing list for further youth meeting announcements. Councilman Millerssuggested that the City's role in this ~be limited to the Parks' and Recreation secretary maintaining a calendar, on which meetings and events could be entered, upon request by the organization. Councilman Welsh stated that this is the intent. Mayor Saltarelli stated that City involvement in coordination of a youth program calendar should come before the Council for approval under certain terms, etc., so that the CounCi!l~ can be kept informed. 6. UP 71'3~9 "(PARK TUSTIN) Mayor Saltarelli suntmarized the conclusions expressed in the' Community D6~l~p~nent Director's June 15th memo toI the City Admin~strator~ r~'g~rdi~g UP 71-369 (Park Tustin)~ There were no Council Comments on ~ this matter~ 7. ORDINANCE INTRODUCTION PROCEDURE CouncilmanWoodruff ~requested that in the future, ordinances for introduction be subject first to a motion to read by title only and waive further rea~i~, to be ~fol~o~ed by 'a motion ~0 ~h~oduCe the ordinance. 'This would allow Council members to voter unanimously to read~by title~ in the interests of brevity, and still have the opportunity to object to the merits of the ordinance itself when introduced. 8. NEW "TOPLESS" ORDINANCE Councilman Woodruff stated that the Orange County District Attorney has requested :that cities adopt new "topleSs"ordinances to conform with the County's, and he requested that the City Attorney look into this. City Council Minutes 6/18/73 Page 7 9. LAURELWOOD Mr. Gill reported on the status of square footage in the Laurelwood units, and stated that the models conform with planson file with the City, and on which fees were based; some of the actual units may be a little larger. As the City starts inspecting and picks up deviations from what is on file, the developer will have to change the plans on file and pay additional fees, or work will be stopped. The Building Official is still meeting with the architects to determine where deviations might be. The as-builts will have to conform with what the City has on file. Replying to Mr. Saltarelli ' s comments, Mr. Gill stated that the possibility of combining the Building Department function under the Community Development Department, to assure that all require- ments on developments have been met before occupancy certificates are issued, has been discussed, and may be discussed again in the future. 10. STAFF - COUNCIL/COMMISSION RELATIONSHIPS Councilman Miller referred to a letter Council Members had received from the Mayor concerning Council and Commission communications and relationships with the staff, and reconlmended that a resolution be adopted defining what the relationships should be, inasmuch as there are no constraints oneindividual Council- men to follow the Mayor's directives in this matter. Mayor Saltarelli Stated that his letter was based on the efficiency of governmental operation, which cannot be served by Councilmen and Commissioners approaching staff on an individual basis with requests. Councilman Woodruff agreed that a resolution is called for. He felt tha.t Council Members' requests should go through the Ci_~y ~dmini~_rator"~ and policy should be tha~he City Administrator is d-irected to advise the ~CounCil if one of its Members makes a request of a department head for a project. Employees within a department should likewise report to their department head in such cases. Councilman Miller stated that certain types of requests for studies, etc., should be subject to Council approval, particularly if the project would involve a lot of staff time. He also felt that the Mayor's letter to Planning and Parks and Recreation Commissioners about going through proper channels Should also be a Council action. Councilman Langley agreed with Councilmen Woodruff and Miller, favoring a resolution. Mayor Saltarelli requested that the staff prepare for consideration at the next meeting the appropri- ate documents setting forth administrative procedures as discussed by the Council. 11. BUDGET WORKSHOP The Council scheduled a Budget workshop for Monday, June 25, 1973, at 7:00 p.m., in the Civic Center Community Building. City Council Minutes 6/18/73 Page 8 12.OPPOSITION TO PUBLIC EMPLOYER,EMPLOYEE LEGIS- LATION Mayor Saltarelli requested that the City Administra- tor prepare a ~e'~ter for his signature, to local Legislators, expressing opposition to any public employer~emptoyee!relati~onSIegiStatiOn which ~ would conf~lic~ wi~h'th~!me~t~a~0nfe~ pr0~ss~ · Councilman Woodruff explained that these Bills would provide for compulsory and binding arbitration, right to strike, etc., and have been the subject of concerted opposition by the cities through the Orange County Division of the League and the State League. 13. F.H.O.A. AND SPHERE OF INFLUENCE Mayor Saltarelli stated that he had met with William Gill of the Foothill Home Owners Association, and discussed matters of policy regarding the boundaries of Tustin's Sphere of Influence. Replying to Councilman Miller's suggestion, Mr. Saltarelti agreed to pursue the possibility of F.H.O.A. repre- sentatives meeting wi~h him and another Council Member. XIV. ADJOURNMENT Moved 'byWoodruff, seconded by Miller that the meeting be adjourned. Carried unanimously. (9:15 p.m.) ~TY CLERK