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HomeMy WebLinkAboutCC MINUTES 1973 06 04 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL June 4, 1973 CALL TO ORDER Mayor Saltaretli called the meeting to order at 7:39p.m. in the Council Chambers. II. PLEDGE OF ALLEGIANCE III. INVOCATION Given by Councilman L~ng!ey. 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 Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS NONE. VI. PUBLIC CONCERNS NONE. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - May 21, 1973, meeting. 2. RATIFICATION OF DEMANDS in amount of $107,568.75. 3. BRYAN AVENUE STORM DRAIN FROM BROWNING TO RED HILL. Approval of "Plans and Special Provisions for the Construction of the Portion of the Bryan Avenue Storm Drain from the E1 Modena- Irvine ChanneLto Red Hill Avenue, Facility No. F07P23", as submitted by the Orange County Flood Control District, all as recom- mended by the Assistant City Engineer. Moved by Miller, seconded by Lan9le~ that all items on the Consent Calendar be approved. Carried unani- mously. VIII. ORDINANCES FOR ADOPTION 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. City Council Minutes 6/4/73 Page 2 Replying to Councilman Miller's.questions, Mr. Fleagle explained provisions of Section 1 of the Ordinance, relative to Undergrounding Requirements, stating that the intent~'isth~t no abO~e~qround cable television line installation will be per- mitted except in areas where other utilities are above ground. Moved by Miller, seconded b~Langley that Ordinance No. 584 have second reading bytitleonly. Carried unanimously. The secretary read Ordinance No. 584 by title. Moved b~ Miller, seconded b~ Welsh that Ordinance No. 584 be adopted. Carried. Ayes: Saltarelli, Langley, Miller, Welsh, Woodruff. Noes: none. Absent: none. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 585 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO REQUIRE LIC- ENSING OF ICE CREAM VENDORS. Ma~or Saltarelli acknowledged receipt of corres- pondence from C. Kenneth Smith of Mel-O-Dee Ice Cream, 1502 West 5th Street, Santa Ana 92703, and with the consent of the Council,~invited Mr. Smith to comment on Ordinance No, 585. Mr. Smith, 17812 Romelle, Santa Ana 92705, opposed this Ordinance for reasons stated in his letter to the City Council, particularly the prob- lem of attracting potential employees or delaying their start date due to Police fingerprinting requirements, etc. In response to questions from the Council, Mr. Smith described his company's application and screening procedures, which included telephone contact of former employers and other references, and a driving record check via teletype performed by the company's insurance carrier. He advised the Council that the vast majority of complaints received from residents are related to the noise aspect and the usual response is to instruct drivers to stay off a particular street; there are occasionally calls about children not receiving the proper change. Mr. Smith also objected to ice cream vendors being "singled out" for controls of the type proposed. Councilman Langley noted that the City should be concerned with the character of any type of vendor whose business depends on attracting children. He approved of provisions for vehicle safety, etc. Discussion then focused on regulation of hours of operation, with the suggestion that operation be restricted to "daylight hours" as defined in the Vehicle Code. Mr. Smith stated that such a restric- tion would not be feasible as the men don't go to work until 11:00 - 12:00, and they can't make a living vending ice cream for only 5~ hours a day. City Council Minutes 6/4/73 Page 3 Councilman Welsh stated that "daylight hours" does not make sense year-round, and felt that specified hours of operation would be more logical. He also stated that as far as a driver making improper approaches to a child, this Ordinance would not solve that problem any more effectively than the Police being contacted and the employee reached through his company. Councilman Miller disagreed about hours of operation, stating that setting the actual hours would result in operation for a certain period after dark during part of the year, which would pose a danger to small children who might run into the street. Both he and Mayor Saltarelli favored the "daylight hours" limita- tion. Following further discussion, after which the City Attorney amended the Ordinance limiting hours of operation to 9:00 a.m. to one-half hour after sun- set, it was moved by Langley, seconded by Saltarelli that Ordinance No. 585, as amended, have first read- ing by title only. Carried unanimously. The secretary read Ordinance No. 585 by title. X. RESOLUTIONS 1. RESOLUTION NO. 73-39 A Resolution of the City Council of the City of Tustin, California, URGING THAT HOSPITALS FOR THE MENTALLY RETARDED BE RETAINED. ~ayor Saltarelli recommended tabling Resolution No. 73-39 until such time as more detailed information is received from the League of Women Voters and the Orange County Department of Mental Health. Council- man Welsh agreed, and stated that he understood that a .one-year moratorium has been ~mposed before any action on this matter is taken by the State. Moved by Saltarelli, seconded by Welsh that Resolu- tion No. 73-39 be tabled indefinitely. Carried unanimously. XI. OLD BUSINESS 1. PARKWAY TREE PROGRAM (a) ORDINANCE NO. 586 An Ordinance of the City of Tustin, Calif- ornia, AMENDING THE TUSTIN CITY CODE RELATIVE TO PARKWAY TREES. (b) RESOLUTION NO. 73-47 A Resolution of the City Council of the City of Tustin, California, ESTABLISHING THE MASTER PLAN OF TREES. Moved by Welsh, seconded by Miller that Ordinance No. 586 have first reading by title only. Carried unani- mously. The secretary read Ordinance No. 586 by title. City Council Minutes 6/4/73 Page 4 Mr. Rourke pointed out that all references to "Tree Foreman" in this Ordinance should be changed to "Maintenance Superintendent". The secretary read Ordinance No. 586 by title. Moved by Welsh, seconded by Langley that Resolu- tion No. 73-47 be read bytitleonl~. Carried unanimously. The secretary read Resolution No. 73-47 by title. On recommendationof the City Attorney, adoption of Resolution No. 73-47 was deferred to the next regular meeting, to coincide with adoption of Ordinance No. 586. XII. NEW BUSINESS 1. APPEAL FOR PERSONNEL HEARING, FILED BY PHILLIP D. EATON, ATTORNEY, ON BEHALF OF LINDA BRIGGS. It wasthe consensus of the Council that this matter be discussed in PersonnelSession follow- ing the meeting, prior to any action being taken. Mr. Phillip D. Eaton, Attorney, of Silvas and Eaton, 1140 West Santa Ana Boulevard, Santa Ana, represen- ting Linda Brings, urged the Councilto do whatever is possible to arrive at a speedy decision on whether or not a hearing will be granted. 2. AWARD OF CONTRACT--BRYAN AVENUE STORM DRAIN EXTENSION. , The City Council received a report. dated June 4, 1973, from the Assistant City Engineer listing bids received for construction of the Bryan Avenue Storm Drain Extension from Red Hill Avenue wester- ly, as follows: Thompson-Lee Engineering.of Anaheim ...$17,446.00 Pestana Plumbing Corp. of San Jose 19,740.00 Roger Lyon of Hollywood . 24,663.00 Robert G. Castongia of Downey . 27,855.00 The report contained a recommendation that the con- tract be awarded to the low bidder, Thompson-Lee Engineering Company of Anaheim. Moved b~Miller, secondedby Welsh that Thompson- Lee Engineering Compan~ of Anaheim be awarded the contract for construction of the Bryan Avenue Storm Drain Extension, in the amount of $17,446.00. Carried unanimously. XIII. OTHER BUSINESS 1. LETTER FROM STATE DIVISION OF HIGHWAYS RE: PROPERTY FOR SALE TO THE PUBLIC The Councildiscussedthe. May 18 letter from Aerial M. Gardner, Senior Right. of-Way Agent, Excess Land Sales, of the State DivisiOn of High- ways, relative to the offering for sale of real property located on the east side of the Newport Freeway between Santa Clara and Fairhaven. City Council Minutes 6/4/73 Page 5 Mr. Fleagle stated that the Planning Commission had recommended notifying the State that the land offers no known useto the City of Tustin. The Council concurred in this recommendation. 2. PREQUALIFICATION OF CONTRACTORS--CIVIC CENTER Mr. Gill recommended that the City receive applica- tions for prequalification from general contractors desiring to submit bids on the Civic Center contract, and that bids,~wh~n advertised, be received from pre- qualified bidders only. Councilman Miller favored the procedure, but recom- mended that the "Contractor's Qualification State- ment" include a Statement of Financial Condition, signed by a Certified Public Accountant. Mayor Saltarelli agreed that such a statement should be included. 3. TELECOMMUNICATIONS CONSULTANT FOR CIVIC CENTER Mr. Gill recommended engaging Mr. John Burton of Burton/Southwestern, P.O.BoX 4392, Irvine, as tele- communications consultant on the new Civic Center, to evaluate all possible systems and make a recom- mendationas to the best system for the City's needs. Pacific Telephone has givenits proposal, and private companies will submit proposals also; Mr. Burton's function would be to study all proposals and deter- mine the most feasible at the most reasonable cost. Mr. John H. Burton, 17952 Aspen Tree Lane, Irvine, explained that his company does not represent or sell equipment; their purpose is toprovide clients with service that is most appropriate and reason- able for their purposes. He discussed what his services would consist of, as outlined in his June 1st letter of proposal to the City Administrator. Councilman Miller announced that he would not partici- pate in discussion of this matter as he occasionally deals with Mr. Burton in the course of his business. In response to Councilman Langley's question, Mr. Burton explained his and his company's qualifications. Mayor Saltarelli ~nd Councilman Woodruff were in favor of Mr. Burton's proposed program. Mr. Saltarelli stressed the importance of good communi- cations in the public service sector and particu- larly in terms of police and fire, and felt that the cost of a consulting service would be offset by operating an, efficient communications system. Mr. Woodruff requested that Mr. Burton provide some brochures and other background material on his company. Mr. Burton agreed to do so. Councilman Welsh suggested that it might be advisa- ble to open this for bids, so that proposals could be submitted from other companies. Councilman Woodruff moved that this matter be con- tinued to the next regular meeting. Motion died for lack of second. City Council Minutes 6/4/73 Page 6 Mr. Gill stated that final drawings from the architect are not needed forthe completion of this study. He explained that the City staff and the architect's electrical engineer lack the expertise necessary for this type of study, and he felt confident that Mr. Burton's firm could do the job. Following further brief discussion, it was moved byLangley, seconded by WOodruff that the pro- posal of Burton/Southwestern of Irvine, to act as Civic Center Communications Consultant, at $35.00 per hour, to a maximum of $1,800 for Phase I and $1,700for Phase II, be accepted as proposed. Carried. Ayes: Saltarelli, Langley, Woodruff. Noes: Welsh. Abstained: Miller. 4. RED HILL/BRYAN PARK Council briefly discussed the Parks and Recreation Director's May 31, 1973, report to the City Admin- istrator concerning the Red Hill/Bryan Park and related projects. 5. SANTA ANA/NEWPORT FREEWAYINTERCHANGE The Council briefly discussed the Traffic Engineer's May 31, 1973, report to the City Administrator re- garding the Santa Ana/Newport Freeway Interchange, and a draft letter to the County Road Commissioner listing the City's primary concerns in this area in order of priority. The Council approved the letter for Mayor Sattarelli's signature. 6. SOLICITATION OF CABLE COMMUNICATIONS PROPOSALS Following a brief discussion, it was moved by Miller, seconded by Welsh, that the C~ Development Director's recommendation as con- tainedin his May 31, 1973, memo to the City Council be accepted and that the staff be auth- orized to solicit proposals for a non-exclusive cable television franchiseto serve all or a portion of the City of Tustin. 'ICa~ried unanimously. 7. ANIMAL CONTROL SERVICES Mr. Gill referred to the May 24, 1973, letter from the Costa Mesa City Manager relative to that City's termination of their contract with the County, and setting up of their own ~nimal con- trol services. Mr. Gill recommended that Tustin not pursu~this course at this time. 8. BICYCLES IN PARKS Following disCussion, it was the consensus of the Council that bicycle riding on ~ideWalks within City parks be permitted. 9. LEGISLATION RE: NEW CONSTRUCTION TAXES The staff was instructed to send telegrams to membersof the State Senate Local Government Committee expressing opposition to Senate Bill 981, relative to New Construction Taxes, sched- uled for hearing before that Committee on June 7. City Council Minutes 6/4/73 Page 7~ The City Administrator was requested to contact other cities which might be affected to enlist their support against passage of this Bill. Pro- visions of the Bill would restrict the authority of at least general law cities to impose the new construction type tax. 10. PROCLAMATION REQUESTED Councilman Welsh requested that a Proclamation be prepared, posthumously honoring longtime Little League Coach Robert Hattan, for presentation to his family. 11. BUS TO BEACH Councilman Welsh discussed the problem of teenagers ~'rying to find transportation to the beach during summer vacation, and recommended that the School District be contacted to determine whether one of their buses could be leased by the City for this purpose, and that costs and other ramifications be explored. Following discussion, the staff was directed to investigate all facets of providing such a service. 12. SENATE BILL 90 DISCLAIMERS The staff was instructed to prepare a letter to local Legislators, for the Mayor's signature, opposing introduction in the Legislature of Bills containing State-mandated local programs and which include provisions purporting to exempt the Bills from the SB 90 reimbursement provisions. 13. LAURELWOOD During discussion concerning Laurelwood homes, Mayor Saltarelli agreed to call Ray Watson of the Irvine Company regarding the proliferation of signs in the City advertising the Laurelwood models', the matter of models not being constructed according to plans Ion file with the City, and salespeople overstating the square footage of units, etc. Councilman Woodruff stated that he would work with the City Attorney in preparing an ordinance for introduction at the next meeting requiriHg devel- opers to build "production line" units exactly like the models and approved plans. 14. GOVERNOR'S COUNCIL ON INTERGOVERNMENTAL RELATIONS Mayor Saltarelli reported on the hearing conducted by the Governor's Council on Intergovernmental Relations on June 1, 1973, in the Board of Super- visors Chambers in Santa Ana, at which hearing he conveyed the City's desire for strong local control, and presented to that Body written commentary on the major subject areas of the Governor's reform program. It was the Mayor's impression that the Governor's Council is favorably disposed toward the concept of local control. City Council Minutes 6/4/73 Page 8 Mr. Saltarelli at ·that time also suggested to a Board member who was a member of a special dis' trict that special districts should work on eome legislation of their own to consolidate districts where practicable or else the =people of the State of California, through a Constitutional Convention, might 'put them out of business. 15. MOSQUITO ABATEMENT DISTRICT Mayor Saltarelli requested that Councilman Woodruff advise the Council of any League action which might be taken at the next Executive Meeting of the Orange County Division of the League relative to reduetion of the Board of Trustees or dissolu- tion of the Mosquito Abatement District. The Mayor had requested, by letter to Bob Finnell, that this matter be agendiZed, and he did not feel that Tustin's representative would have to speak on the matter because of' previous presentations which have been made. If cities are presented the Grand Jury's recommendations (that the Dis- trict Board of Trustees be reduced to five members, that the Districk be dissolved as soon as possible and that the~ functions of the-District be assumed by the Orange CoUnty Health Department), the matter can go to a vote as to whether legis- lation in that direction should be sought. Councilman Miller stated that he was doubtful that the Grand Jury recommendations were the · best thing and said his main concern was that the Mosquito Abatement District is not very well run and there seems to be no way to improve it unless some cities appoint better Trustees on the Board. If the function is turned over to the Health Department, its cost would not be visible, and the County may not be willing to absorb this into their budget, anyway, due to S.B.- 90. Mayor Saltarelli. felt that reducing' the·Board of Trustees to five members would be a step in the right direction, and if it was ~possible to imple- ment the other recommendation, the Imatter. would have to be studied so thoroughly before any legis- lation is approved, that it would have to come out better than what it is. He would endorse the Grand Jury ' s recommendations. 16 BUDGET The Council requested that the Preliminary 1973-74 Budget be scheduled for public hearing at the next regular Council meeting. XIV. ADJOURNMENT The meeting adjourned at 9:37 p.m. to a Personnel Session and then to Monday, June 18, 1973.