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HomeMy WebLinkAboutCC MINUTES 1972 07 17 ~.~ ...... MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL July 17, 19721 CALL TO ORDER The meeting was called to order at 7:39 p.m. by Mayor C. Miller. II. PLEDGE OF ALLEGIANCE Led by Councilman L. Miller. III. INVOCATION Given by Mayor C. Miller. IV. ROLL CALL Present: Councilmen: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Absent: Councilmen: None. Others present: City Administrator Harry Gill City Attorney James Rourke (arrived at 7:55 p.m.) Asst. City Admin.-Comm. Devel. Ken Fleagle City Clerk Ruth Poe PRESENTATION Mr. Julian Iorio was presented two copies of a Proclamation commending him and the Tustin Meadows Homeowners Association for planning and conducting the 4th of July Celebration in Tustin Meadows. Mr. Iorio read a letter of best wishes from Mr. David Parker, Staff Assistant to President Nixon, and an anonymous account of the "Unique Undertaking". V. PUBLIC HEARINGS 1. HOUSING ELEMENT, GENERAL PLAN The Government Code of the State of California requires the adoption of a Housing Element of the General Plan consisting of standards and plans for the improvement of housing and for provision of adequate sites for housing. This element of the plan shall endeavor to make adequate provisions for the housing needs of all economic segments of the community. This plan attempts to conform to the intent and guidelines of State law. Mr. Fleagle explained that this plan makes no de- parture from the existing policies of the City Council and recognizes the existing variety of housing accommodations available within the City, and will not serve to increase or change the char- acter of the con~unlty, except to upgrade. There has been no response from other governmental agencies to which copies of the Element were submitted. Ma~or C. Miller opened the public portion of the hearing at 7:48 p.m. There being no comments or objections, he closed the public portion of the hearing. RESOLUTION NO. 72-49 A Resolution of the City Council of the City of Tustin, ADOPTING A HOUSING ELEMENT OF THE TUSTIN AREA GENERAL PLAN. Council Minutes 7/17/72 Page 2 Moved by L. Miller, seconded by Welsh that Resolu- tion No. 72-49be readlb~ title only. Mr. Fleagle replied to Mayor C. Miller's question ~bout a proper~y maintenance ordinance (item #6 on page 7 of the Element) by stating that such an ord- inance would not be presented until such time as the Council felt it necessary to protect residential proper~y values. Councilman Saltarelli noted that the plan does designate the City Council as being the housing authority, so that control would remain with the City rather than with another governmental agency. Mayor C. Miller said that people should also be reassured by statements under "Assumptions" (page 2). Above motion to read Resolution No. 72-49 by title was carried unanimously. The secretary read Resolution No. 72-49 by title. Moved by L. Miller, seconded by Langley that Resolu- tion No. 72-49 be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. ~ 2. OPEN SPACE-CONSERVATION-RECREATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN Section 65302[d) of the Government Code (Skate Planning and Zoning Law) requires that the City adopt a Conservation Element of the General Plan for the conservation, development, and utiliza- tion of natural resources. Section 65302[e) of the Government Code requires that the City adopt an Open Space Element of the General Plan for the purpose of defining and preserving open space. The plan as proposed incorporates into one document the related elements of open space, conservation, and recreation. (City Attorney James Rourke arrived at this point in the meeting, 7:55 p.m.) Mr. Fleagle stated that this element has been coord- inated with the plans of adjacent cities and the preliminary Master Plan of Trails developed by the County of Orange. Mayor C. Miller opened the public portion of the hearing at 7:58 p.m. There being no comments or objections, he closed the public portion of the hearing. RESOLUTION NO. 72-50 A Resolution of the City Council of the City of Tustin, ADOPTING TIlE OPEN SPACE-CONSERVATION -RECREATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN. Moved by Saltarelli, secondedby L. Miller that Resolution No. 7~-50 be re~d bv title onlv~ Carried The title of Resolution No. 72-50 was read by the secretary. Moved by L. Miller, seconded by Langley that Resolu- tion No. 72-50 be passed and adopted. Mr. Fleagle responded to Councilman Saltarelli's question concerning the ultimate proportion of single- family and multiple-family dwelling units within the City, by stating that within Tustin's sphere of in- fluence, the north Tustin area is currently developed primarily in single-family units, and the 500 acres recently annexed--and a large area northeasterly of this--will eventually be developed low density. Replying to Councilman Welsh, he stated that the 3,000-foot air corridor will be preserved in open space or open space use. Mayor C. Miller suggested re-evaluating this plan in relation to financial projections for what it proposes. Councilman Welsh spoke in support of public park and recreation facilities and their importance particularly for those on low or fixed incomes who have no other alternative for recreational activity, as well as the effect of such facilities in deterring 3uvenile cr!me by providing a constructive outlet for youthful energies. Replying to Councilman Sattarelli, Mr. Fleagle stated that there is a possibility of construction of a golf course under private initiative, and the criteria for open space would be met without financial -burden to City. P & ! (Public and Institutional) zoning could serve as an inducement to a developer to undertake such a project in that it would make it ~ financially feasible to acquire the land. Above motion to adopt Resolution No. 72-50 carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none.- Absent: none. VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - July 5 and July 11, 1972, meetings. 2. APPROVAL OF DEMANDS - in amount of $108,572.27 3. ESTABLISHING PRECINCT CHARGES FOR THE SEPTEMBER 19, 1972, SPECIAL MUNICIPAL ELECTION. 4. AWARD OF CONTRACT FOR PAVING AT FIRE STATION NO. 2--To low bidder, McClellan & Sons of Costa Mesa, in the amount of $5,844.02, as recommended by the City Engineer. Moved by Welsh, seconded by Langley that all items on the Consent Calendar be approved. Carried unanimously. VII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 545 (See next page) Council Minutes 7/17/72 Page 4 ORDINANCE NO. 545 An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE CREATING AND ESTABLISHING THE OFFICE OF CITY MANAGER, AND DEFINING THE DUTIES AND POWERS THEREOF. Moved by Welsh, seconded by Saltarelli that Ord- -- inance No. 545 be amended by deletion of the fol- lowing portion of the third paragraph of Section 2-30: "Upon termination of the employment of the City Manager by reason of involuntary removal from service other than for illegal misconduct in office, the City Manager shall receive severance pay in a lump sum equal to not less than two months pay and not more than six months pay, at the discretion of the City Council, such pay to be computed.at the highest salary he has received as City Manager or City Administrator during his service with the City." Councilman Welsh stated that he protests the pro- vision for expenditure of $5,000 of taxpayers' money for severance pay for someone no longer per- forming his duties in a manner satisfactor~ to the City. He emphasized that he was concerned with a principle, and that his remarks in no way intended criticism of the current City Administrator. Councilman Langley contended that since the Ord-- _ inance does require 30. days notice by the City Manager in the event of his resignation, it should also provide for some sort of severance pay upon his discharge. He pointed out that the City Manager position has been left open to reversion to City Administrator status and that the position of City Manager is one that is earned by the individual, who then deserves the support and security of some sort of severance pay, just as in private industry. Councilman L. Miller stated that is was the Counci!'s duty, as representatives of the citizens, to try to maintain good supervision for the City, and that two months severance pay is not out of line. Councilman Welsh stated that surrounding communities do not give severance pay, and that the City Council has afforded the City Administrator highly competi- tive salary. Replying to a question by Councilman Langley, Mr. Rourke stated that in preparing this Ordinance?'~e had reviewed the suggested form by the League of Cities, ordinances from other cities, and the guide- lines published by the International City Management Association, and that this ordinance is a composite of these various inputs. The severance pay pro- vision is not unique. He said that he would be happy to provide specifics at the next meeting as to what cities provide in the ~ay of severance pay. Councilman Saltarelli commented that he opposed long-standing agreements which bind an organization or city to paying huge sums of money in order to discharge someone, but didn't feel that this situation was quite the same, or that it could be discussed totally in other than a personal manner. Under these circumstances, with Mr. Gill's addi- tional duties, 'the separation clause is not ex- tremely large. He favored a situation where the employee could be terminated right away, with severance pay, rather than his looking for employ- ment elsewhere while still on the City payroll for a period of time. Above motion failed by roll call vote. Ayes: Welsh. Noes: C. Miller, Saltarelli, L. Miller, Langley. Absent: none. Mayor C. Miller objected to further provisions within that paragraph relating to "involuntary removal", stating that a Council's decision to reduce the Manager's compensation should not be automatically construed by the Manager as termina- tion. Moved by C. Miller, seconded by Saltarel!i that Ordinance No. 545 be amended by deletion of the following portion of the third paragraph of Section 2-30: "'Involuntary removal' from office shall include any reduction in compensation other than a reduc- tion in compensation which is a reduction by the same percentage as is applied to all other employ- ees of the City at the same time, repeal of this ordinance, and/or any amendment of this Article inconsistent with the basic policies." Carried by roll call vote. Ayes: C. Miller, Langley, Welsh. Noes: Saltarelli, L. Miller. Absent: none. Moved by Saltarelli, seconded by Welsh, that Ord- inance No. 545, as amended, have first reading by title only. Carried unanimously. The secretary read Ordinance No. 545 by title. 2. ORDINANCE NO. 547 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE RELATIVE TO LOCATION OF SWIMMING POOL HEATER AND FILTER UNITS. In reply to Councilman L. Miller, Mr. Fleagle summarized the background of this Ordinance, and stated that, as advised by the City Attorney at the last meeting, existing measures--an ordinance con- trolling noise which is a public nuisance--would provide a safeguard pending reports and hearings .about noise standards. He cited complaints received regarding hardships associated with trying to locate a pool heater or filter unit thirty feet away from an adjoining residence. Councilman L. Miller stated that'he favored giving variances where justified, and asked about the feasibility of an easier variance procedure for cases where hardship is evidenced, with Planning Council Minutes 7/17/72 Page 6 C0m~ission discretion as to whether installation system being demonstrated. In reply to Councilman Langley, Mr. Fleagle stated that the Planning Commission is now in the process of determining what is an acceptable noise output level and establishing a maximum. With the ultimate noise ordinance, it is planned that the City will have a decibel reading meter. There would be a certification from the manufacturer upon sale of the equipment that it meets a certain noise level, and on the basis of complaint, precise sound output would be measured by means of the device. Mr. Rourke added that the equipment would be nec- essary to put the ordinance into practical effect. It would be premature to establish decibel levels at this time because there is no equipment to en- force it. Replying to Councilman L. Miller, Fir. Rourke stated that units installed prior to adoption of noise output standards would still be subject to enforcement once such standards are established and the equipment would have to be changed, sound- shielded, or its use discontinued. Moved by Saltarelli, seconded by Langley ~at Ordinance No. 547 have second reading by title only. Carried unanimously. The secretary read the title of Ordinance No. 547. Moved by Langley, seconded by Saltarelli, that Ordinance No. 547 be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. 3. ORDINANCE NO. 548 An Ordinance of the City of Tustin, California, AMENDING PARKING REQUIREMENTS. Moved by Langley, seconded by Saltarelli, that Ordinance No. 548 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 548 by title. Moved by L. Miller, seconded by Langley that Ordinance No. 548 be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. RECESS Mayor C. Miller called a recess at 8:55 p.m. The meeting reconvened at 9:05 p.m. VIII. ORDINANCES FOR INTRODUCTION NONE. IX. RESOLUTIONS 1. RESOLUTION NO. 72-38 (See next page) RESOLUTION NO. 72-38 A Resolution of the City Council of the City of Tustin, California, AMENDING THE LOCAL AGENCY-STATE AGREEMENT NO. 49 AND APPROVING PROGRAM SUPPLEMENT NO. 1 FOR THE TOPICS PROGRAM. Councilman Welsh m~ved to table Resolution No. 72-38. Motion died for lack of a second. Councilman L. Miller stated that tabling would delay certain acts of safety, and suggested adopting the Resolution and taking emergency steps (such as no left turn onto Red Hill, or barricading First Street at Newport to prevent through traffic) to alleviate traf- fic problems pending the County's action to implement the project. Mr. Gill explained that the difference in the funding processes precludes application of TOPICS monies to other problem areas in the City, and summarlzed the City Engineer's July 11 report relating to various traffic matters within the City. He recommended ap- proval of this Resolution which would allow instal- lation of traffic-actuated signals at Red Hill, First, and Kalua Lane; it is not anticipated that this will increase speed or volume of traffic. The alternative is loss of $18,000 in TOPICS funds. The City will be approving the design concept of the signal. Replying to Mr. Miller's question concerning immed- iate steps being taken, he said that First Street, while residential in character from Newport Avenue to Red Hill, is a part of the County's Master Plan of Arterial Highways and the State's Select Aid System of Streets; barricading a portion of'First might possibly jeopardize AHFP funding slated for the reconstruction of the street. He said that any action taken must be based on Auto Club recom- mendations (due about the first of August), County approvals, and good engineering principles. He maintained that the traffic signal will provide at least part of the solution to traffic problems in that area. Councilman Langley stated that speed zoning on First is confusing, favored the use of radar and police patrols as a deterrant to speed, and felt that the TOPICS program provided a good opportunity to solve the problem at that location. Councilman Saltarelli suggested discouraging traffic on First Street by eliminating the traffic- actuated feature and givlng Red Hill traffic a long green light; removal of "First Street" sign from Red Hill, and placement of a sign on Red Hill at Bryan which would direct traffic to the business district via that street. Mayor C. Miller agreed. Moved by Welsh, seconded by L. Miller that Resolu- tion No. 72-38 be continued to the next regular meeting, pending the results of the Auto Club survey. Carried unanimously. Council Minutes 7/17/72 Page 8 Following some discussion of traffic situation on INe~port Avenuea~-the Larwin Square entrance, i~ was moved by L. Miller, seconded by Saltarelli that the Bryan entrance to Larwin Square be closed pending solution of traffic problems at that location. Replying to Councilman Welsh, Mr. Gill stated that any_ form of temporary signal on Newport at Bryan would lack the visibility for vehicles, due to the heavy volume of traffic. Improvement of the Newport- Main-Bryan triangle will not provide a solution, because the necessary right-of-way is lacking adjacent to the Shell Station. Mr. Rourke stated that efforts to close the Larwin Square entrance might involve substantial problems as far as their rights if the'City tries to terminate their right of access to Newport. If they would object to that, the City could not proceed without compensating them. Mr. Gill stated that scheduled restriping of Newport from Main to First within the next two weeks may result in a large improvement in the situation. Councilman L. Miller withdrew his motion ~o close the Larwin ~u~'~ ~trance, and suggested Chamber of Commerce assistance in seeking merchants' vol- untary closure of that entrance in recognition of a community problem, pending signalization. Mr. Bruce Snyder, Manager of the Chamber of Commerce, stated that he would bring the matter to the attention of the Larwin Square Merchants Association the follow- ing day. The Council requested a report from the City Attorney on the legal ramifications of closing that entrance to Larwin Square. 2. RESOLUTION NO. 72-48 A Resolution of the City Council of the City of Tustin, California, ADOPTING A PLAN OF EMPLOYEE CLASSIFICATION. Mr. Gill requested continuance of this Resolution to the next meeting to allow time for changes in the Classification Plan suggested as a result of departmental comments received. Sgt. Mike Riley, President of the Tustin Police Employees Associationr concurred in Mr. Gill's request for continuance, and stated the Asso~iation's concern about upgrading qualifications to a more modern level consistent with law enforcement practice. The Association will be presenting recommendations. Moved by Welsh, seconded by L. Miller that Resolu- tion No. 72-48 be continued to the next regular meeting. Carried unanimously. OLD BUSINESS 1. DEVELOPMENT PREVIEW COMMISSION VACANCY (Continued from 6/19/72 and 7/5/72) Moved by Saltarelli, seconded by Wels~ that the matter of the Development Preview Commission vacancy be continued pending a workshop to discuss purposes. and authority of the Commission, and of the Planning Commission. Carried unanimously. 2. IMPROVEMENT AGREEMENT #108 - Northeast corner of Walnut and Newport. Councilman L.'Miller announced that he would abstain from voting in this matter. Moved by Saltarelli, seconded by Welsh that Improve- ment Agreement ~108 be extended three months to September 8, 1972. Carried unanimously, Councilman L. Miller abstaiKing. XI. NEW BUSINESS 1. WEST RELIEF TRUNK SEWER - TRANSFER OF FUNDS Moved by Saltarelli, seconded by Welsh that suf- ficient funds be transferred from the City's Sewer Main Trunk Fund to Sanitation District No. 7 to finance 46% of the construction cost of the West Relief Trunk Sewer, being contract ~7-5-1R. Mr. Gill suggested, since this would be more for the City of Santa Ana's benefit than Tustin's, that the City Council communicate (not necessarily as part of this action) with the Sanitation District request- 'ing that the City be permitted to use Sewer Trunk money where necessary to rebuild the lack of com- paction when the center islands are being extended south of Bryan. The staff anticipates problems similar to those experienced with the center islands north of Bryan. Mayor C. Miller agreed with these comments, and suggested continuing this to the next meeting to examine the details involved and determine how this is to be accomplished. He said he would con- vey the Council's feeling at the next District Board meeting, and advise them to expect an official position on this from the City. Councilman Saltarelli withdrew the previous motion to transfer funds. Mr. Gill stated that this should not be confined only to Red Hill Avenue, as other areas may also fail upon installation of center islands. Moved by Saltarellir seconded by Welsh that the matter of Transfer Of Funds for the West Relief -Trunk Sewer be continued to the next regular meeting. Carried unanimously. 2. CONFIRMATION OF WEED ABATEMENT CHARGES Moved by Saltarelli, seconded by Langley that all weed abatement charges for the fiscal year 1971-72, as specified, be confirmed: Council Minutes 7/17/72 Page 10 PARCEL AMOUNT 014-301-t3 $ 56.93 062-272-03 28.75 103-641-19 158.70 432-041-01 145.76 432-073-02 105.80 Carried unanimously. XII. OTHER BUSINESS 1. CHAPTER 37 ACTION ON WILLIAMS Moved by Welsh, seconded by L. Miller that the Superintendent of Streets be hereby instructed to proceed with the steps necessary to have asphalt pavemenE, concrete curb and concrete sidewalk con- structed pursuant to ~e provisions of Section 5876 Chapter 27 Part 3 Division 7 of the California Streets and Highways Code at the following locations: The westerly side of Wi!tiams Street from Main Street to McFadden Street and the easterly side of Willjams Street from McFadden Street to Alliance Avenue. Carried unanimously. 2. STREET CONSTRUCTION ADJACENT TO FIRE STATION NO. 2 Moved by Langley, seconded by L. Miller that the City Council concurs with those portions of Change Order #1 required for improvement of streets ad- jacent Eo the City's Fire Station No. 2 in the amount of $3,037.29. Carri~ unanimously. 3. CIVIC CENTER BOND ISSUE a. Tax Rate Statement Moved by L. Miller, seconded by Langley that the draft of the Tax Rate Statement relatin~ to $950,000 Civic Center Bonds be approved. Carried unanimously. b. Architects Council set August 12r 1972, as the date for interview of architects, to include Council and staff representation. Mayor C. Miller requested the following change in the Schedule of Events in the Project Pro- posal to be mailed to architects: August 28 Receipt of perspective renderings suitable for reproduction and distribution for promotion. September 25 Termination of project or award of Phase IIr authorizing prepara- tion of detailed schematics, etc. October 30 Submission of schematics. Moved by L. Miller, seconded by Saltarel]i that ~etter to architects and project proposal, as 4. APPRAISER Moved by L. Miller, seconded by LangleX, that Clifton R. Webb, Jr., be employed to make an appraisal for the City of Tustin of properties owned by the Tustin Elementary School District · and the Orange County Flood Control District, in conjunction with acquisition for proposed park development, as recommended by the City Attorney. Carried unanimously. 5. OPEN DRAINAGE Councilman Langley expressed concern about the condition of open drainage channels in Tustin Meadows, the cleaning methods used, and the possibility of coordinating the cleaning operation with the street sweeping schedule. 6. MICROPHONE Mayor C. Miller requested that the hand microphone at the staff table in the Council Chambers be re- paired or replaced. 7. CITIZEN COMMENTS: MARGARET BYRD Mrs. Margaret Byrd, North "B" Street resident, com- plained of parking on side streets ("A", "B", and Mountain View) due to diversion of traffic from Irvine Boulevard because of street reconstruction work. She was assured by the staff that there is no intention of restricting parking on Irvine Boulevard once the project is completed. 8. CITIZEN COMMENTS: SOLOMON SHAPIRO Mr. Solomon Shapiro, 14222 Mimosa Lane, Tustin, expressed complaint involving trespassing on his property by a construction worker employed on the Hester condominium project on Yorba, and his dis- satisfaction with Police handling of the case. He alleged rudeness and lack of cooperation on the part of the officers and the Police Chief in connection with this incident, and also during an incident occurring about two years ago. Mr. Shapiro's attorney, Robert Monarch, 500 South Main, Orange, spoke in support of Mr. Shapiro. Mr. Rourke stated that it would be appropriate to have the Chief of Police file with the Council a report of this and the earlier incident. After Council review, they can decide what further in- quiries would be appropriate. Councilman Saltarelli sympathized with Mr. Shapiro and stated that a halt to construction until the wall is built should bring some relief; he added that discourtesy to citizens by City employees will not be tolerated. Mayor C. Miller also apologized, and assured Mr. Shapiro that the Council would get to the bottom of it. Council Minutes 7/17/72 Page 12 XIII. ADJOURNMENT Moved by Langley, seconded by L. Miller that the · ~ ~eetingbe adjourned (t~:29 p.m.). Carried unani mously. CITY CLERK "