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HomeMy WebLinkAboutCC MINUTES 1972 07 05 JULY 5, 1972 CALL TO ORDER The meeting was called to order at 7:35 p.m. by Mayor C. Miller. II. PLEDGE OF ALLEGIANCE Led by Councilman Saltarelli. III. INVOCATION Given by Councilman Welsh. 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 Asst. City Admin.-Comm. Dev. R. Kenneth Fleagle City Clerk Ruth Poe PUBLIC HEARINGS 1. 1972-73 CITY BUDGET RESOLUTION NO. 72-37 A Resolution of the City Council of the City of Tustin, California, ADOPTING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE 1972-73 FISCAL YEAR. Mayor C. Miller opened the public portion of the hearing at 7:37 p.m, There being no comments or objections, he closed the public portion of the hearing. Moved by L. Miller, seconded by Langley tha% Resolu- ~ion No. 72-37, ADOPTING THE CITY BUDGET AND APPRO- PRIATING REVENUE OF THE CITY FOR THE 1972-73 FISCAL YEAR, be read by title only. Councilman Saltarelli stated that the reported 34%' ~ncrease in the Budget does not necessarily mean a tax rate increase. Mayor C. Miller stated that a tax rate increase is not anticipated based on projections for the assessed valuation. It will be known in July what assessed valuation is and what tax rate will be required. Mr. Gill stated the projections indicate slightly more than 9% increase in assessed valuation~ Above motion carried unanimously. The title of Resolution No. 72-37 was read by the secretary. Moved by L. Miller, seconded by Langley that Resolu- tion · No. 72-37 be passed and adopted. Carried by roll call. Ayes: C. Miller, Saltarell~, L. Miller, Langley, Welsh. Noes: none. Absent: none. 2. CHAPTER 27, PROJECT 71-2 - PAVING OF ALLEY NORTH OF LAGUNA ROAD, NEWPORT TO ORANGE. Mayor C. Miller announced that this was the time and place fixed for the hearing of appeals or Council ~inutc,% 7/5,/72 Page 2 objections to the report filed by the Superintendent of Streets in the matter of the construction of cer- tain improvements pursuant to Chapter 27'e~ the "Improvement ACt of 1911" and asked ~the secretary if due notice of the hearing had been given. The secretary stated that notices of filing of the' Report and of the time and place of hearing thereon were duly and regularly posted and mailed or deliv- .. ered by the Superintendent of Streets, all as pre- scribed by law, and that affidavits showing such compliance are on file in the City Clerk's office. In reply to the Mayor, the secretary stated that the City Clerk had received no written protests or ob- jections. Mayor C. Miller opened the public portion of the hearing at 7:44 p.m. Mr. Gill stated that correspondence was received from Forrest W. Collar requesting time payments. There being no further comments or objections, Mayor C. Miller closed the public portion of the hearing at 7:45 p.m. It was moved, seconded and unanimously carTied that all appeals, protests, and objections be overruled and denied. RESOLUTION NO. 72-44 A Resolution of the City Council of the City of Tustin, California, DETERMINING THAT PAYMENT OF CERTAIN ASSESSMENTS FOR WORK PERFORMED PUR- SUANT TO PROVISIONS OF CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911, MAY BE MADE IN FIVE ANNUAL INSTALLMENTS AND DETERMINING THAT FIVE PERCENT INTEREST SHALL BE PAID TO THE CITY ON ANY UNPAID BALANCE, AND DIRECTING THE CITY TREASURER TO BILL AND COLLECT SUCH PAYMENTS (Ch. 27, Project 71-2). Moved by Saltarelli, seconded by Welsh that Resolution No. 72-44 be read by title only. Carried unanimously. The secretary read Resolution No. 72-44 by title. Moved by Saltarelli, seconded by L. Miller that Resolution No. 72-44 be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. RESOLUTION NO. 72-45 A Resolution of the C'ity Council of the City of Tustin CONFIRMING THE REPORT OF THE SUPER- -- INTENDENT OF STREETS OF WORK PERFORMED IN PUR- SUANCE OF CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911, AND ASSESSING THE COSTS OF SAID WORK, AND DIRECTING THE RECORDING AND MANNER OF COLLECTION OF LIENS (Ch. 27, 71-2). The secretary read the title of Resolution 72-45 as requested by the Mayor. Moved by Welsh, seconded by L. Miller that further reading be waived and that Resolution No. 72-45 be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - June 19, 1972 meeting. 2. APPROVAL OF DEMANDS - in amount Of $268,080.22 Councilman Saltarelli requested that Item No. 1 be removed from-the Conseht Calendar for separate dis- cussion. Moved by L. Miller, seconded by Welsh that the Minutes of the June 19, 1972, City Council meeting be approved as corrected (wording of New Business NO. i to be changed to "Moved by Welsh, and seconded, that the City CounCil..."). Carried by 4-0 vote. C. Miller abstained. Moved by Saltarelli, seconded by L. Miller that the Demands in the amount of $268,080.22 be approved. Carried unanimously. VII. 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. Moved by L. Miller, seconded by Saltare!li that consideration of Ordinance No. 545 be continued to the regular adfourned meeting of July 11, 1972. Carried unanimously. Mayor C. Miller requested that he be supplied a comparison of this ordinance with Ordinance No. 269, adopted in 1964, establishing the office of City Administrator, for his review prior to the July 11 meeting. VIII. ORDINANCES FOR INTRODUCTION 1. 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. 2, ORDINANCE NO. 548 An Ordinance of the City of Tustin, California, AMENDING PARKING REQUIREMENTS. : At t~e Mayor's request, the secreta{y read Ordinances ~ 547 and 548 by title. Council ~4inutes 7/5/72 Page 4 Councilman Len Miller favored tabling Ordinance No. 547 pending adoption of a noise ordinance which ~'would~se~ ~performance standards fo~ these unitS. Mr. Fleagle stated that a workable noise ordinance would not be presented to the City Council before August, following a Planning Commission hearing on July 26. In supporting this amendment, the Co~mis- slon had considered the staff's report that heater and fil~er equipment produces relatively low decibel counts, with the possible exception of older equip- ment having worn bearings, a situation normally requiring inLmediate repair. The Council concurred in these com~aents. IX. RESOLUTIONS 1. 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. 2. RESOLUTION NO. 72-'39 A Resolution of the City Council of the City of Tustin, California, DESIGNATING PLACEMENT OF TEMPORARY STOP SIGNS FOR FIRST STREET AT YORBA STREET. 3. RESOLUTION NO. 72-43 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PARKING LOT AT FIRE STATION NO. 2. Councilman Saltarelli requested that Resolution No. 72-43 be considered separately. Coun~cilman Welsh requested that Resolution No. 72-38 be considered separately. C~uncilman Welsh then stated his objection to place- ment of traffic signals at the intersection of Red Hill, First Street, and Kalua Lane, the TOPICS pro- ject covered under Resolution 72-38, based on the residential character of First Street between Newport and Red Hill and the likelihood of motorists speeding on First Street to make the green or amber light. He questioned the priority of signals at this location and urged a long-range program (other than Police patrol) of speed control on this section of First Street, Mayor C. Miller concurred in these remarks and noted tha~ there ~s also a speed problem on Main Street from the Newport Freeway overpass to E1 Camino Real. Moved by Welsh, seconded by L. Miller that considera- tion of Resolution No. 72-38 be continued to the next- regular meeting (July 17) pending a report from the City Engineer concerning the need fo~ signalizing the intersection of Red Hill~ First and Kalua Lane. Carried unanimously. At the Mayor's request, the secretary read the title of Resolution No. 72-39. Moved by L.'Miller, seconded by Langley that further reading be waived and that Resolution No. 72-39, DESIGNATING PLACEMENT OF TEMPORARY STOP SIGNS FOR - FIRST STREET AT YORBA STREET, be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. Mr. Gill replied to Mr. Saltarelli's question con- cerning landscaping, etc. for Fire Station No. 2, stating that the cost of preliminary landscaping, berm, wall an'd plan~s would be about $6,000; although modifications would reduce the cost. Mayor C. Miller proposed eliminating the berms and constructing the wall but not reducing the amount of planting. At the Mayor's request, the secretary read the title of Resolution No. 72-43. Moved by Saltarelli, seconded by Langley that further reading be waived and that Resolution No. 72-43, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PARKING LOT AT FIRE STATION NO. 2, be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. Xe OLD BUSINESS 1. DEVELOPMENT PREVIEW COMMISSION VACANCY (Continued from 6/19/72) Moved by Welsh, seconded by Saltarelli that.the matter of the vacancy on the Development Preview Commission be continued to the next regular meet- ing. Carried unanimously. Mr. Gill noted that Commissioner Bill Hockenberry had requested that he not be paid due to his lack of attendance at the meetings. 2. CIVIC CENTER BONDS, 1972 a. RESOLUTION NO. 72-40 A Resolution of the City Council of the City of Tustin, California, APPROVING A GROUP OF MUNICIPAL IMPROVEMENTS AS CON- STITUTING A CITY PLAN PURSUANT TO THE PROVISIONS OF TITLE 4, DIVISION 4, CHAPTER 4, ARTICLE 1 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. b. RESOLUTION NO. 72-41 A Resolution of the City Council of the City of Tustin, California, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION AND CONSTRUCTION OF ACERTAIN MUNICIPAL IMPROVEMENT AND MAKING FINDINGS RELATING" THERETO. Council Minutes 7/5/72 Page 6 c. ORDINANCE NO. 546 . An Ordinance of the Cit~.ofTustin, Cali Ornia, ORDERING CALLING AND PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON SEPTEMBER 19, 1972, FOR THE PURPOSE OF SUBMITTING TO THE QUAL- IFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A CERTAIN MUNICIPAL IMPROVEMENT. d. RESOLUTION NO. 72-42 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY MEASURE. e.APPROVAL OF LETTER OF AGREEMENT - O'Metveny and Myers. f. APPROVAL OF PROPOSAL - Bartle Wells Associates. Moved by Saltarelli, seconded by L. Miller that Resolution No. 72-40 be read in its entirety. Mr. Gill replied to a question from Mrs. Lee Wagner about possibility of a joint powers agreement rather than general obligation bond issue, stating that 2/3 vote of the electorate is necessary to issue general obligation bonds; lacking a 2/3 vote, the Council could decide upon an alternate form of financing. Mr. R6urke added that if, for example, only 60% voter ' approval was received, the Council could then decide that that is sufficient mandate of the people, and go to a joint powers agreement, without another elec- tion. Mr. Ed Wells of Bartle Wells Associates, municipal financing consultants, stated than the .25% difference in the interest rate between general obligation bonds and joint powers agreement would amount to approxi- mately $50,000 over a twenty-year period. The Council then discussed the wording of the Bond Proposition, contained in Resolution No. 72-48, but, on the advice of the d~ty Attorney, decided not to alter the language of the proposition. It was noted that the amount, $9'50,000, is the controlling feature of the bond proposition and that specifics as to what will be included, etc., can be covered by the ballot argument and publicized by the citizen~ com- mittee.- Above motion to read Resolution No. 72-40 in fu]~ was carfled unanimously. The secretary read Resolution No. 72-40 in its entirety. Moved by L. Miller, seconded by Welsh that Resolution No. 72-40 be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. Moved by Saltarelli, seconded by L. Miller that Resolu- tion No. 72-41 be read by title only. Carried mOUSly. The secretary read Resolution No. 72-41 by title. Moved by .Welsh, seconded by Saltarelli that Resolu- tion No. 72~41 be passed and adopte~. Carried. Ayes: C,Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. Moved by L. Miller, seconded by Welsh that Ordinance No. 546 have first reading by title only. Carried unanimously. The title of Ordinance No. 546 was read by the secretary. Moved by welsh, seconded by Saltarelli that Resolu- tion No. 72-42, (including the names of all five Councilmen as being authorized to file a written argument), be read by title only. Carried unanimously. The secretary read Resolution No. 72-42 by title. Moved by Welsh, seconded by L. Miller that Resolution No. 72-42 be passed and adopted. Carried. Ayes: C. Miller, Saltarelli, L. Miller, Langley, Welsh. Noes: none. Absent: none. Moved by L. Miller, seconded by Saltarelli that the Letter of Proposal of O'Melveny and Myers be accepted and the firm be employed on the terms set forth therein. Carried unanimously. Moved by Langley, seconded by L. Miller that the proposal of Bartle Wells Associates be accepted and the firm be employed on the terms set forth in their letter of proposal. Carried unanimously. XI. NEW BUSINESS 1. IMPROVEMENT AGREEMENT NO. 108 - NORTHEAST CORNER OF WALNUT AND NEWPORT AVENUES. Councilman L. Miller announced that he would be abstaining on this item. Following discussion, it was the decision of the Council to continue this matter to the next regular meeting.to allow the developer the opportunity to appear before the Council. The Council also re- quested that Chapter 27 material be prepared for the next meeting if possible, in case the Council chose to initiate such proceedings. The Council requested that the staff contact the County staff and our representative on the Board of Supervisors regarding street improvements in front of the brickyard on Newport Avenue, in County territory. 2. CONSTRUCTION OF WEST RELIEF SEWER THROUGH TUSTIN. Moved by Saltarelli, seconded by Welsh that the Council concurs with the location of this new sewerage facility as requested bv the Sanitation District subject to the approval by the City Eng- ineer of the precise location of this facility within the existing City street right-of-way. Carried unanimously. Council Minutes 7/5/72 Page 8 3. OPERATION KIWI--TUSTIN JAYCEES PROJECT Mr~.l~=~n Os~er~ IPresident of the Tusk%in Jaycees, !~'~'Idesc~ib~d recen~ development~ associated wi~h Operation Kiwi as contained in his June 26, 1972r letter~ and requested endorsement of the project by the new City Council (the plan received Council endorsement in January, 1972), and approval of Tustin becoming a sister city to Mat~ata, New Zealand. ~ovedby Welsh, seconded by L. Miller that. Operation Kiwi be endorsed and that $100 be appro- propriated to the Jayc~es for a symbol of the City to be presented to the Mayor of Matamata (flags of the U, S. and Tustin), and that the concept of sister city retati0n~'hip with the city of Matamata, New Zealand, be approved. Carried unanimously. Moved by Welsh, seconded by L. Miller that Ron Oster and the Tustin jaycees be commended for their extensive efforts in this pro~ect. Carried unani- mously. MUTUAL FIREFIGHTING AID AGREEMENT--MARINE CORPS AIR STATION (HELICOPTER) Moved by Saltarelli, seconded by Welsh tha~ the Mayor and City Clerk be authorized to exec~t~ the Mutual Firefighting Aid Agreement'between the Citv of Tustin and the Marine Corps Air -~tation~(Helicopter). Carried unanimously. XII. '- OTHER BUSINESS 1. NOISE CONTROL Mayor C. Miller requested strict enforcement of Vehicle Code requirements relating to alteration of mufflers, etc., in order to decrease noise levels in the City. 2. RESOLUTION TO COMMEND WATER DISTRICT Mayor C. Miller described efforts of the Orange County Water District to improve water quality in this area by working to get northern California water to Orange County. Water District studies show that an average of $122.00 per year per household is spent on special products and appliances due to extremely hard water. With the consent of the Council, the Mayor requested that a resolution be prepared commending the Orange County Water Dis- trict and supporting their efforts to mmprove water quality. 3. FIRST STREET PARKING PROBLEM Council discussed complaint by Mrs. Agnes Bacon, 140 Mountain View, Tustin~ concerning garage at northeast corner of First Street and Mountain View and the large number of cars parked there, as well as the parking situation in front of the Holiday Bar in the,same vicinity. Mrs. Bacon was advised that the Police Department has issued'citations for parking on the sidewalk, although there are no factors relating to Health Department or Alcoholic Beverage Control Board regulations, or any Police ........... problems, which would warrant ctosin~ the bar ~e~'.~ ~' It was anticipated that the problem will be alleviated with the improvement of First Street. 4. TUSTIN BOOTH Mrs. Lee Wagner reported that the City of Tustin Booth at the Orange County Fair, sponsored by the Chamber of Commerce and Tustin Business and Pro- fessional Women's Club, received the Fifth Prize ribbon. 5. PEDESTRIAN HAZARD At the request of Mr. Bruce Snyder, Chamber of Commerce Manager, the Council directed that the City Engineer investigate hazard to pedestrians walking on the east side of Newport Avenue, under the Santa Ana Freeway. 6. PARKS AND RECREATION COMMISSIONER Mr. Curt Nichols, student member of the Parks and Recreation Commission, introduced himself to the Council. 7. TRANSPORTATION PROBLEM The Council directed that the July 19, 1972, letter from Mr. and Mrs. John A. White concerning lack of public transportation facilities be officially referred to the Orange County Transit District and j~he.Board. of Supervisors. Mayor C. Miller will re- spond to the Whites advising them of this action. A copy of the Whites' letter was given to Mr. Snyder of the Chan~ber of Commerce for possible aid by civic groups. XIII. ADJOURNMENT ~ The meeting was adjourned at 9:46 p.m. to a Regular Adjourned Meeting to be held on Tuesday, July 11, 1972, at 7:30 p.m., in the Council Chambers. MAyO CR' ~'tZ~/6tY