Loading...
HomeMy WebLinkAboutCC MINUTES 1972 07 11 MINUTES OF A REGULAR ADJOURNED MEETING TUSTIN CITY COUNCIL July 11, 1972 I. CALL TO ORDER ~ 'Themeeti'ng wa~ called to order at 7:33 p.m. by ...... ~yo~ C. M~iier. II. PLEDGE OF ALLEGIANCE Led by Councilman Welsh. III. INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Absent: Councilmen: None. Others present: City Administrator Harry E. Gill City Attorney James Rourke Asst. City Admin.-Comm. Devel. Ken Fleagle City-Clerk Ruth C. Poe V. ORDINANCES FOR ADOPTION 1. 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. Councilman Saltarelli felt that that portion of Section 2-30 dealing with termination of employment was excessive. Councilman L. Miller agreed, stating that the origi- nal intent of the ordinance was to give remuneration to the City Manager to assure his staying with the City. While commending the excellent job he felt that the City Administrator is doing, he felt that this ordinance does not accomplish the originalob- jective and is not equal on both sides; if he does not perform his duty, it should be the Council's right tQ terminate in a shorter period of time. If six months is agreed upon, it should apply on both s~des. Councilman Welsh concurred in these comments, saying tha~ these provisions for severence pay, etc., are excessive and not in the best interests of the City. Mr. Rourke explained that it is typical in such ordinances to try to make the terms equal or pro-. portionate on both sides; to do this, the disparity in position between a city and an individual must also be taken into account. This ordinance does attempt to arrive at some sort of equality or mutuality, but it is not possible to do it per- fectly when an individual and a large corporation or city are the !nvolved parties. Councilman Saltarelli stated that adoption of an ordinance or establishment of a contract are not contingent upon one another and that specifics as to termination provisions should more appropriately be spelled out in a contract. He pointed out that if Mr. Gill were to leave the City, the Council may not want to include that type of termination clause for another manager. He suggested deleting it entirely, or changing it to two months for in- voluntary separation at the pleasure of the City Council. Councilman Langley favored a provision in the ord- inance for severance pay with a minimum and maximum to be determined by the City Council, or with an established minimum, and a maximum at the discretion of the City Council. Councilman Saltarelli suggested revised wording as follows, beginning with line 30: "severance pay in a lump sum equal to not less than two months' pay and not more than six months' pay at the dis- cretion of the City Council, such pay to be com- puted..." Councilmen L. Mil!er.and Welsh concurred in this wording. Mayor C. Miller, reading further within that para- graph, questioned the inability of the Council to reduce the City Manager's salary for disciplinary reasons in lieu of termination of his employment. Mr. Gill stated that the six months provision is -- typical but not mandatory. He felt, however, that if the City Council could reduce compensation or take other sanctions against the Manager, then the office of City Manager is not actually being crea- ted, in that the City Manager would not be guaranteed protections to fulfill the obligations of his office. Mayor C. Miller maintained that the designation ~ "city manager" ~s subject to definition by the City Council only. Mr. Gill agreed that it is at the pleasure of each city council,to determine how they want to establish the office, but pointed out that this ordinance is typical in many ways of those in other cities. Councilman Saltarelli stated that he was satisfied with the remainder of the paragraph, feeling that it is the Manager's prerogative to resign if his salary is reduced beyond the percentage applied to other City employees. Replying to the Mayor, Mr. Rourke stated that the change in wording prescribed by the Council is substantial and would require a new first reading of the ordinance. He read the change to be incor- porated in the third paragraph of Section 2-30: '~..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..." Moved by Langley,'seconded by L.'Miller that Ord- inance No. 545, as revised, have first reading by title only. Carried unanimously. The secretary read Ordinance No. 545 by title. Council ~dinutes 7/11/72 Page 3 2. ORDINANCE NO. 546 An Ordinance of the City of Tustin, California, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON SEPTEMBER 19, 1972, FOR THE PUR- POSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED IN- DEBTEDNESS BY SAID CITY FOR A CERTAIN MUNICIPAL IMPROVEMENT. Moved by L. Miller, seconded by Saltarelli that Ordinance No. 546 have second reading by titl~ pnly. Carried unanimously. The secretary read Ordinance No. 546 by title. Moved by Saltarelti, seconded by Welsh that Ord- inance No. 546 be passed and adopte~. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. VI. RESOLUTIONS 1. RESOLUTION NO. 72-46 A Resolution of the City Council of the City of Tustin, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF TUSTIN RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAiD CITY ON SEPTEMBER 19, 1972. Moved by Welsh, seconded by Saltarelli that Resolution No. 72-46 be read by title only. Carried unanimously. The secretary read Resolution No. 72-46 by title. Moved by L. Miller, seconded by Welsh 'that Resolu- tion No. 72-46 be passed and adopted. Carrze.~ Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. VII. OTHER BUSINESS !. CIVIC CENTER Mr. Gill stated that the staff of Bartle Wells Associates would b~ ~n on Friday, July 14, with a draft of the bond statement, which will be forwarded to the Council after staff review. He asked the Council's opinlon as to how to proceed with appointment of an architect within the next two months, with possibly no financial commitment pending the outcome of the election. Mayor C. Miller favored employing the architect and having him prepare schematic design and render- ings, which could be used in publicity. He estima- ted a cosE of $8-12,000 for' this~ as the conceptual stage of the design will constitute the majority of the work. ' Replying to Councilman L. Miller, Mr. Gill stated that whatever is produced in the way of renderings prior to the election should be based on what will actually be constructed. The money invested in architectural work will not be lost even if the bond issue fails, as there are possibilities of alter- nate forms of financing. He stated, in reply to questions by Councilman Langley, that Fire apparatus would rema!n at its present location on Third Street pending possible location of Fire headquarters on Irvine Boulevard at some time in the future, although Fire Chief and Fire Prevention offices would be located within the new civic center com- plex. Mayor C. Miller stated that he would send to the staff and Councilmen a procedure to use in selecting architects. 2. PARKS Mr. Gill asked the Council's pleasure as to hiring of architects for park sites being acquired. The Mayor requested that the new City Council be given an opportunity to review the total park program before proceeding with further development, and pro- posed a workshop for the date of-the next Council meeting (July 17). Mr. Gill agreed to send to the Council the material on the park development program. Mayor C. Miller said that the procedure he was sending out concerning selection of ~rchitects could also be used in selecting the park architect. 6. WATER WORKS NEGOTIATIONS Councilman Saltarelli expressed his agreement with the July 6, 1972, letter from Ed Wells of Bartle Wells Associates, concerning acquisition of the Tustin Water Works, and recommended proceeding only on the basis of Mr. Wells' recommendations, and that Tustin Water Works be aware of this. Mr. Gill stated that the consultants for the Water Works have been supplied the necessary material, and will be submitting a proposal. 4. RECOGNITION OF COMMUNITY ACTIVITY Moved by L. Miller, seconded by Welsh that a proclamation be prepared commending Julian Iorio and the Tustin Meadows Community Association for their Fourth of July Celebration, to be presented at the next Council meeting. Carried unanimously. 5. PROPOSED WORKSHOP Councilman Saltarelli requested that Mr. Fleagle's proposals regarding a revised timeframe for pro- cessing land use matters to effect a more efficient city operation be discussed during a workshop in the near future. 6. TRAFFIC PROBLEMS Council discussed the numerous traffic accidents on Newport Avenue at the enErance and exit of Larwin Square, opposite Bryan Avenue. Mr. Gill stated that this intersection is slated for signalization during this fiscal year and the County is negotia- ting with Southern Pacific to acquire that strip of right-of-way so that the street can be widened and Council Minutes 7/11/72 Page 5 the signal installed. He agreed with Councilman Welsh's comments that this location would seem to have greater priority for signalization than · Red ~ill and Fi~S~ but explained that~Sources~f funding differ: Red Hill and First is under TOPICS funding; Newport and Bryan would be under Gas Tax funds. Mayor C. Miller requested a report from the City Engineer on the timeframe for signalization at Newport and Bryan, and the feasibility of a "right turn only" sign at Bryan and one at Larwin Square exit as a temporary solution, as s~uggested by Councilman L.. Miller. After some discussion as to the justification for and effect of a traffic signal installation at Red Hill and First, the Mayor suggested that the City Engineer be in attendance at a meeting in the near future to explain priorities and schedules and what can be done to alleviate traffic problems at various locations. Mr. Gill stated that'the City has requested the Auto Club to undertake a traffic study and make recommenda- tions regarding First Street and Main Street. Councilman Langley proposed giving the City Engineer an.opportunity to evaluate the Auto Club f'indings prior to an appearance before the City Council.' · he Council concurred in this suggestion. VIII. ADJOURNMENT The meeting adjourned at 8:40-p.m. to a Personnel Session. " MAYOR C~LERK