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HomeMy WebLinkAboutCC MINUTES 1972 04 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 18, 1972 I. CALL TO ORDER was~ 7:35 p.m. by- Mayor Coco~ IIl~ PLEDGE OF '- ALLEGIANCE Led by Mayor Coco. III. INVOCATION Given by Councilman Marsters. IV. ROLL CALL, Present: Councilmen: Coco, C. Miller, Marsters, L. Miller. ~bsent: Councilmen: Oster. ~ Others present/~ City Administrator Harry Gill City Attorney James Rourke Asst. City Admin.-Comm. Devel. Ken Fleagle City Clerk Ruth Poe CANVASS OF GENERAL MUNICIPAL ELECTION - REORGANIZATION OF THE CITY COUNCIL 1. l~rs. Poe stated that Certification (attached) was presented to the City Council, with copies of Resolution No. 72-19; and that Section 5 of that Resolution declares that Joseph B.~Langley, Donald J. Saltarelli, and Ralph Welsh, Jr. were elected members of the City Council for terms of four years~ and that Ruth C. Poe was elected City Clerk for a term of four years. 2. RESOLUTION NO. 72-19 A Resolution of the City Council of the City of Tustin, California, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF TUSTIN ON THE 11TH DAY OF APRIL, 1972, DECLARING,THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. Moved by C. Miller, seconded by Marsters that Resolution No. 72-19 have first reading by title only. Carried unanimously. Resolution NO. 72-19 was read by the secretary. Moved byC. Miller, seconded by Marsters that Resolution No. 72-19 be passed and adopted. Carried. Ayes: Coco, C. Miller, Marsters, L. Miller. Noes: none. ~sent: Oster. 3. Oath of Office and Certification of Election The City Attorney administered the oath of office and issued a certificate of election to Ruth' C. Poe, City Clerk. The City Clerk then administered the oath of office and issued certificates of election to Joseph B. Langley, Donald J. Saltarelli, and Ralph Welsh. Jr. 4. Election of Mayor The City Clerk opened nominations for Mayor. Council Minutes 4/18/72 Page 2 Moved by L. Miller, s&.conded by Saltarelli and duly carried that Clifton C. Miller be nominated to serve as Mayor. There being no further nominations, nominations for the office of Mayor were closed, and Clifton " C. Miller was declared Mayor. '5. Election of Mayor pro tempore Moved by Langley, seconded by Welsh and duly carried that Donald J. Saltarelli be nominated to serve as Mayor pro tempore. There being no further nominations, nominations for the office of Mayor pro tempore were closed, and Donald J. Saltarelli .was declared Mayor pro . tempore. V. PUBLIC HEARINGS 1. PROSPECT-IRVINE-NEWPORT ANNEXATION NO. 68 [REVISED). Continued open from 4/3/72 meeting. Consisting of approximately 19.029 acres, fronts approximately 1006 feet on the east side of Prospect Avenue, has a maximum depth of approx- imately 1256 feet, and is located approximately 435 feet north of the centerline of Irvine Boulevard. Mayor C. Millerrannounced that this hearing was continued in an open manner from the last City Council meeting, and invited verbal or written protests from the public. He asked the secretary whether any other protests had been received. The secretary replied that there had been no protests received other than that of James and Ida McCalla. There being no comments or objections, Mayor C. Miller closed the public portion of the hearing. Moved by L. Miller, seconded by Welsh that Resolution No. 72-20 be read by title only. Carried unanimously. The secretary read Resolution N0. 72-20 by title. Moved by L. Miller, seconded by Welsh that Resolution No. 72-20, FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE TO THE PROSPECT-IRVINE-NEWPORT ANNEXATION NO. 68 (REVISED), .. be passed and adopted. Carried by roll call. Ayes: C. Miller, Saltarelli, Langley, L. Miller, Welsh. Noes: none. Absent; none. Moved by L. Miller, seconded by Langley that Ordinance No. 543, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED PROSPECT- IRVINE-NEWPORT ANNEXATION NO. 68 (REVISED) TO THE CITY OF TUSTIN, CALIFORNIA, have first reading by title only. Carried unanimously. '~ -- The title of Ordinance No. 543 was read by the secretary. ........ Council Minutes 4/18/72 Page ~ VI. CONSENT 1. APPROVAL OF MINUTES - April 3, 1972, meeting CALENDAR 2. APPROVAL OF DEMANDS in amount of $543,872.'84 Moved by L. Miller,seconded by Welsh, that both items on the Consent Calendar be approved. Carrier unanimously, VII. - ORDINANCES FOR ADOPTION t. ORDINANCE NO. 541 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION NO. Z.C. 72-229 INITIATED BY THE PLANNING COMMISSION. Rezoning oF'an approximately 34 acre parcel of.land from the R-4 (Suburban Residential) District to the P & I (Public and Institutional) District. Site is bounded by Sycamore on the north, Red Hill on the east, mainline=ATSF Railway on the south, and incorporated limits to the west. 2. ORDINANCE NO. 542 An Ordinance of the City of Tustin, California,- PREZONING PROPERTY ON APPLICATION NO. PZ-72-133, INITIATED BY THE PLANNING COmmISSION., Prezoning an approximately 2.54 acre parcel from County E-4 (Sm~ll Estates) District to City of Tustin R-1 (Single Family Residential) DiStriCt. Propertyl0cated approximately 660 feet north of the centerline of Seventeenth Street, with approximately 340 feet frontage on the west side of Prospect Avenue. Moved'by L. Miller; secondedby Welsh that Ord- inance No. 541have second reading by title only.. Carried unanimously. The secretary'read the title of Ordinance No~ 541. Moved by L. Miller, seconded by Saltarelli that Ordinance No. 541 be adopted. Carried by roll call. Ayes: C. Miller, Saltarelli, Langley, L. Miller, Welsh. Noes: none. Absent: none. In regard to Ordinance No. 542, Mr. Fleagle showed a s.lide of the area in question, and ex- plained that the northerly parcel has been prezoned R-1 from County E-4, and that the Local Agency Formation Commission has approved annexation of the total parcel on the basis that it is-a logical extension of City boundaries. The annexation will '- .... come before the Council at the next meeting~ Moved by Saltarelli, seconded by Welsh that con- sideration of Ordinance No. 542 be continued to the next re9ular meeting. Carried unanimously. Council Minutes 4/18/72 Page 4 VIII. ' ~ ORDINANCES FOR INTRODUCTION NONE. IX. RESOLUTIONS 1. RESOLUTION NO. 72-21 A Resolution of the City Council of the City of Tustin, California, OPPOSING ASSEMBLY BILL NO. 232. Moved by L. Miller, seconded by Saltarelli that Resolution No. 72-21 be read by title only. Carried unanimously. Title of Resolution No. 72-21 read by secretary. Moved by L. Miller, seconded by Saltarell~ that Resolution No. 72-21 be passed and adopted. Carried by roll call. Ayes: C. Miller, Saltarelli, Langley, L. Miller, Welsh. Noes: none. Absent: none. X. OLD BUSINESS NONE. XI. NEW BUSINESS 1. RECOMMENDATION FOR PARK NAMING --- Mrs. Mary Hernandez, Chairman of the Parks and Recreation Commission, explained the process used in the park naming and the good public response. In keeping with the City's theme, "City of Trees", the Commission had decided to name all new parks developed under the Park Bond fund after trees; the name recommended for the First and "C" Street park is "Peppertree Park" because of two Brazilian Pepper trees in the park. This name was also among the 70 name suggestions by the public. Mr. Nick Barletta, 105 South Prospect, Tustin, spoke in favor of naming this park in honor of prisoners of war and those missing in action. Mr. Barletta is active on the POW/MIA Committee of the Santa Ana-Orange-Tustin Board of Realtors. Mrs. Margaret Bird, 158 North "B" Street, Tustin, ~oted that the Civic Center Community Building was dedicated to the POW/MIAs and it would be appropriate to name this park after trees. Mrs. Hernandez explained that the Commission was aware of community concern for POWs and had given ._ this idea much thought; it was the Commission's feeling, however, that the City will someday have a new Civic Center and perhaps this miqht be a more suitable place to dedicate a monument. Councilman Welsh was concerned that there was insufficent public awareness of the park naming project, and that since a precedent would be set in naming this park after a tree~ it would be advisable to continue this matter pending more input from the community. Council Minutes 4/18/72 Page 5 Mayor C. Miller noted that the park dedication is scheduled for April 29, and a name must be selected prior-tothat date. Councilman Langley, noting an extensive listof name suggestions, stated that he favored na~in~ the park after a tree, and als0 favored the possibility of establishing alPOW/MIA memorial in the civic center area at some future time. Moved by Langley, seconded.by L.=Miller that the new park at First and'"C'' Streets be named "Peppertree Park" as recommended by the Parks and Recreation Commission. Councilman Saltarelli agreed that a park named in hQnor of POW/MIAs would not be appropriate. Above motion carried 4-1. Councilman Welsh voting 2. EASEMENT TO EDISON COMPANY FOR ELECTRICAL SERVICE AT FIRE STATION NO. 2 Moved by Saltarelli, seconded by L. Miller that the Mayor and City Clerk be authorized to sign this easement to the Edison Companyfor electrical service at Fire Station No. 2 as recommended b~ the City Engineer. Carried unanimously. 3. CONSIDERATION OF ROUNDTREE DEVELOPMENT In answer to a question by Councilman Saltarelli relating to the Planning Commission's March 27 approvalof a tentative tract map for Phase I of Roundtree, Mr. Rourke explained that the action taken by the Planning Commission on a tentative tract map is final; the developer then has about a year and a helf to submit a final tract map, which is subject to Council approval. In the past, the rights of the'Council to disapprove or approve have been verlF limited provided that the developer met the conditions set forth in the tentative tract map. Recent legislation has afforded the council additional rights in dis- approving final tract maps, but he was not sure' just how far a city council can go in disapproving them. In answer to additional questionsl Mr. Rourke stated that he could look into the possibility of the Council taking steps in .regard to the tent- ative tract map. Moved by Saltarelli, seconded by Welsh that the City staff and City attorney be directed to take steps necessary to halt the Roundtree development until the new Council can re-assess the City's position ~n this matter. Following brief discussion of continuing the matter to a definite date, such as the next Council meeting, Mayor C. Miller asked the City Attorney whether it would be advantageous to discuss the City~s legal alternatives in Executive Session following this meeting. Mr. Rourke answered that the action proposed by the motion--halting any affirmative action--would not raise any problem of liability on the part of the City . Once the Council is presented with a Council Minutes 4/18/72 Page 6 review and a statement of alternatives open to them in this matter, it would be appropriate to determine the City's liability exposure on each of the alternatives after the next meeting. .Such a discussion at this point probably would not be fruitful. Above motion carried unanimously. 4. MEMORIAL DAY SCENE AND CEREMONY Mr. Mike Keller of the Tustin Jaycees briefly outlined their request to conduct their annual Memorial Day scene and ceremony on Irvine Boulevard. Move~ b~ Saltarelli, seconded by L. Miller that permission be granted to the Tustin Jaycees to hold their annual Memorial Day scene and ceremony 'on Irvine Boulevard. Carried unanimously. 5. CONSIDERATION OF BIDS FOR SOLID WASTE COLLECTION At the Council's request, the secretary read the Assistant City Administrator's April 18 memo to the City Administrator relative to analysis of solid waste collection bids, which included a description of each of three alternatives, of which Alternative One is the recommended approach. The memo stated that the low bidder, under Alter- native One, is Athens Disposal Company ($17,341.14), ..... · ollowed by Toro Disposal ($17,522.46). Mr. Ree Wood, representing Western Refuse Hauling, Inc., requested a continuance of the matter pending further study of the bids and qualifications of the 'bidders. Mr. C. Arthur Nisson, Attorney, representing Toro Disposal Service in E1 Toro, also recommended further analysis of the bids~ on the basis that lack of clarity due to a variable in the number of commercial containers-to be serviced and the frequency of their servicing and the size of the particular containers. He felt that an actual physical count of containers in the City would indicate that Toro's bid is the lowest overall. Mr. Tom Blackman, co-owner of Great Western Reclamation in Santa Ana, which submitted a bid in partnership with Holthe. Disposal Service of Tustin under the name of Tustin Disposal, stressed the importance of examining the qualifications and performance records of the bidders. Mr. Chuck Waltman of Toro Disposal stated that his company had conducted a very close analysis of the bids, which showed that their bid came to $16,968.86 and that Athens' bid amounted to $17,136.49, making the Toro bid $167.63 lower. He requested time to go over the analysis with City staff. Mr. Dave Dean, a manager for Holthe Disposal Service, maintained that "yoU get what you pay for" and that while Holthe's bid was the highest, the quality of their service has been proven over about 15 years and has resulted in public goodwill. Council Minutes 4/18/72 Page 7 Mr. Gill briefly summarized the bid procedure and expraiDed~ C~reflectingt~e bid results~ H~ ad~'a~a~ the"only co~iti~n of continuin~ this matter is that Holthe would be willing to continue their service on an interim basis until the contract is awarded. Councilman L. Miller moved that this matter be continued to the nexE meeting, and in view of a potential discrepancy in the actual co~ts in the bids, that the City-Attorney work with the C~ty ~dministrator or Assistant City Administrator in the analysis. Mr. Dean stated that Holthe DispOsal would be willing to continue service on the present basis pending~!Council action. Mr~ Gill explained that Holthe has agreed to continue'service once the contract is awarded until such time as the new contractor can bring in equipment and begin operations, a period of from two to four weeks. Mr. Wood stated that he would be unable to attend the next meeting and asked that the Council continue this matter for four weeks. Mrs. Agnes Bacon, 140 Mt. View, TuStin, spoke in support of Holthe Disposal Service due to' good service in the past. Mr. Dean, referring to Mr. Wood's question, stated that it would be a financial hardship for Holthe to extend service for a longer period and urged a decision by the Council within a reasonable time. Replying to questioning, Mr. Rourke stated that all contractors were furnished copies of the specifications, and that there was no indication that they were unclear in any way. Mr. Ron Arakelian of Athens Disposal Company stated that he understood every point of the contract, and stated that he would put up a performance bond and that he could begin service on one day's notice. Mrs. Lee Wagner, 17331 Jacaranda, Tustin, agreed with Mrs. Bacon'~s remarks in support of Holthe Disposal. Mrs. Sue Waltman of Toro Disposal stated that their analysis o~ Athens' bid indicated thatit was not according to specifications, and gave examples. She agreed with other speakers who urged a complete study of the bids. Mrs.Helen Holthe, 17352 Jacaranda, Tustin, cited the company's 16 years of service to Tustin and asked consideration of their bid. Mr. Langle7 seconded the earlier motion b~ Len Miller to continue this to the next regular meeting pen'~g further study of bids by the staff and City Attorney.- Motion carried unanimously. Council Minutes 4/18/72 Page~ 8 XII. · OTHER BUSINESS 1. SUPERVISORS' BREAKFAST MEETING Mr. Gill state~ that a Supervisors' breakfast ~had b~ arranged for F.riday, May 5, at --- 7:30 a.m. at ~". dlers Three on Irvine Boulevard. · Mayor C. Miller suggested that all of the Council plan to attend that meeting. 2. PADS REPRESENTATIVE Councilman Saltarelli agreed to attend the PADS Board of Directors meeting on Wednesday, April 19 at 6:30 p.m. in Placentia. The Assistant City Administrator will contact Mr. Saltarelli .about details. 3. REPRESENTATION AT THE LEAGUE It was the consensus of the Council that as many of the Council as possible will attend the May Executive Meeting of. the Orange County League of Cities at Friedemann Hall in Orange; details will be supplied to the Council by the staff. It was agreed that a definite Council representative would be appointed at a later date. Mayor C. Miller was appointed the Council's' representative to receive League of California Cities Legislative Bulletins. The staff will advise the League office in Sacramento of his appointment. 4. RADIO BROADCAST After some discussion, it was agreed that former mayor Tony Coco would coordinate taping of the April 24 radio broadcast (KEZR-FM, 5:00 p.m., Mondays), with the Council requesting that it feature Parks and Recreation Commission activities'. Mr. Coco agreed to assist in this matter. 5. LEAGUE CONFERENCES ,-- Mr. Gill advised the Council of two upcoming con- ~erences sponsored by the League of California Cities: the Statewide Tax and Legislative Con- ference, April 26-27 in Sacramento, and the New Mayors' and Councilmen's Institute, May 17-19 in San Diego. Arrangements to attend either conference'can be made through the staff. 6. SANITATION DISTRICTS/MOSQUITO ABATEMENT " DISTRICT REPRESENTATIVES It was the consensus of the COuncil that Mayor C. Miller continue as representative toSanitation Districts 1 and 7. Moved by L. Miller, seconded by Langley, that Councilman Ralph Welsh, Jr., be designated to serve as alternate ~o the Mayor on the Board of Directors of County Sanitation Districts 1 and 7. Carried. Council Minute~= 4/18/72 Page 9 Moved by Langley, seconded by L. Miller that ~Councilman.Donald J. Saltarelli be appointed ~dele~ateto the O~ange CoUnty MOsquito~b~tem~n~ District e~fective May 1, 1972, to December 31, .1973,1toComplete the unexpired term of Clifton 'C. Miller. Carried. Mayor C. Miller stated that Sanitation District meetings are held at 7:30 p.m. on. the second Wednesday of' each month; Mosquito Abatement District meetings are held at3:30 p.m. on th~ third Thursday of each.month. 7. RESIGNATION RUMORS The~following persons approached the Council to protest rumors that anExecutive Session was planned for the conclusion of this meeting to discuss possible resignation from the City Council by Mr. Len Miller: Mrs. Lee Wagner, 17331 Jacaranda, Tustin Mr. Art Charleton, 460 West Second,'~stin Mrs. Jean Adams, 181 E1CaminO Real, Tustin Mr. Frank Greinke, 1011 Laguna Road, Tustin 8. ROUNDTREE Inlresponse to concern expressed by Mr..Ed Akins of South Coast Developmen~Corporation ~hat the Executive Session would include discussion Roundtree, Mr. Rourke explained what matters are appropriate for discussion in Executive Sessions, and assured Mr. Akins that nothing relatedto Roundtree is intended for consideration during the Executive Session this evening. 9. PARKS AND RECREATION COMMISSION Mrs. Mary Hernandez invited the City Council and public to attend the Parks and Recreation Commission meetings../at 7:3.0 p.m. on the fourth Tuesday of each m6nth in the Civic Center Community Buildingr 10. SWIMMING POOL FILTERS Following comments by Mr. Tom Long of 285 East Main Street, Tustin, the City Council directed the staff to re-evaluate provisions of Ordinance No. 476 which require a distance of at least 30 feet between swimming pool filter and heating systems to an adjoining residence, for gonsideration by the Plan- ning Commission. ' 11. MEMENTOS TO OUT-GOING COUNCILMEN The Council directed that the staff prepare appropriate items for presentation to the out- going Councilmen, Tony Coco, Larry Marst~rs, and Robert Oster, in appreciation of theil~~ se~L vice to the City. Council Minutes 4/18/72 Page 10 XIII. ADJOURNMENT Moved by Saltarelli, seconded by Langley that the meeting be adjourned to an Executive Session (9:36 p.m.). Carried unanimously. Attachment