HomeMy WebLinkAboutCC MINUTES 1969 08 04 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
August 4, 1969
CALL TO Meeting called to order at 7:30 p.m. by Mayor Coco.
ORDER
II.
PLEDGE OF Led by Mayor Coco.
ALLEGIANCE
III.
INVOCATION Given by Counoilman L. Miller.
IV.
ROLL Present: Councilmen: Coco, Mack, C. Miller, Marsters,
CALL L. Miller.
Absent: Councilmen: None.
Others Present: Assistant City Administrator Dan Blankenship
City Attorney James Rourke
City Clerk Ruth Poe
Planning Director James Supinger
APPROVAL OF Moved by'L. Miller, seconded by Mack that minutes of
MINUTES July 22, 1969, be approved as mailed. Carried.
VI.
PUBLIC None.
HEARINGS
VII.
OLD 1. ORDINANCE NO. 442
BUSINESS
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
REZONING PROPERTY ON APPLICATION NO. Z.C. 69-196.
Rezoning of a parcel totaling approximately
10 acres from the R-4 to the R-1 District. Site
fronts approximately 660' on the southwest side
of Mitchell Avenue, approximately 330' west of
the centerline of Browning Avenue.
Moved by Mack, seconded by C. Miller that Ordinance
No. 442 have' second reading by title only. Carrie~
unanimously.
Moved by Marsters, seconded by Mack that Ordinance
No. 442, rezoning property on Application No. Z.C.
69-196, be passed a~d adopted. Carried by roll call.
Ayes: Coco, Mack, C. Miller, Marsters, L. Miller
Noes: None Absent: None
VIII.
NEW 1. RESOLUTION NO. 1014
BUSINESS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN FIXING AND DETERMINING THE AMOUNT OF REVENUE
REQUIRED FROM PROPERTY TAXES TO CARRY ON THE
VARIOUS DEPARTMENTS OF THE CITY OF TUSTIN AND
FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY
WITHIN THE CITY OF TUSTIN TO CARRY ON THE WORK
OF THE CITY FOR THE FISCAL YEAR 1969-70.
Coullclj.
8/4/69 Pg. 2
'; : "':" ~ :'~"~'," //,b
~ayor Coco stated that Tustin has the lowest tax
rate of any city inOrange County and based,on
budget studies they've had, there are various
amounts that can be raised from the various tax
rates.
Moved by Mack, seconded by Marsters that Resolution
No. 1014 be read by title only. Carried unanimously.
Moved by Mack, seconded by L. Miller that Resolution
NO. 1014, a Resolution fixing and determining. the
amount of revenue required from property taxes and
fixing the rate of taxes on the taxable property
within the Cityof Tustin, be passed and adopted.
Councilman C. Miller stated that in his opinion the'
tax rate could be'lowered due to the increase. in
assessed valuation. Mr. Miller said that he had
.originally figured the City could go to an 83c ra~e,
but had not taken into consideration any decrease
in income due t~ building revenue. Considering a
drop in this anticipated revenue he believed the
City could go to an 87¢ rate. Assuming that the
City will need more than the projected amount, he
thought a 92¢ rate could be set and still meet the
projected revenue as shown in Resolution No. 1014.
Mr. Miller said he believed ~n passing some tax
savings along to the taxpayers.
Councilman Mack agreed that it would be a popular
thing to do in passing savings to the people, but
he felt that due, to a period of very tight money,
sizable assessed valuation ~ncrease, large zncrease
in population, and high cost of living that the
Council would be remiss by reducing the taxes at
this time and would prefer re-evaluating the tax
rate next year.
COuncilman L. Miller stated that in addition to
the estimated loss ofrevenue in building revenue,
he felt that the economy of the government is being
curtailed. If present policies are observed, there
will be a reduction in sales tax. The stock market
dropping is indicative of tight money in both building
and sales tax.
~ouncilman Mack said that some items had been left
out of the budget which would have to be budgeted
for later.
Councilman C. Miller stated that on the basis of
additional shopping centers there should be a better
sales tax revenue.
Councilman Marsters stated that he concurred with
Mr. Mack and fel~' the 95¢ tax rate to be enviable.
The Council has left items unbudgeted which could
become critical. The amount of reduction would be
so small he would rather re-evaluate next year.
/Councilman C. Miller said he had calculated that his
tax increase thi~ year amounted to $8.00 which was
not significant to him, but could be to business and
industry. A lower tax rate can be stimulating to
business.
8/4/69 ~g. 3
Mayor Coco stated that a conservative budget is an
administrative concern whatever the tax rate. To
make a token reduction is less meaningful than
the pledge of each councilman for absolute m~nimum
waste. Whether the tax rate is raised or lowered
if the budget is administered in a frugal manner,
then the Council is doing the job it was elected to
do.
The above motion to adopt Resolution No. 1014 carried
by roll call. Ayes: Coco, Mack, Marsters, L. Miller
Noes: C. Miller Absent: None
2. ORDINANCE NO. 443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ·
OF TUSTIN, FIXING AND DETERMINING THE AMOUNT
OF REVENUE NECESSARY TO BE RAISED BY TAXATION
UPON THE TAXABLE PROPERTY WITHIN THE CITY OF
TUSTIN AND THE AMOUNT OF REVENUE NECESSARY T0
CARRY ON THE VARIOUS DEPARTMENTS OF THE SAID
CITY FOR THE FISCAL YEAR 1969-70.
Moved by Mack, seconded by Marsters that Ordinance
No. 443 have first reading by title only. Carried
unanimously.
Mayor Coco stated this Ordinance No. 443 was to be
adopted as an emergency measure because the State
Code requires the City to adopt this Ordinance on
the first Monday in August.
Councilman C. Miller felt we should modify Section 2
to reflect the actual amount of money that can be
raised by this tax rate.
In answer to questioning by Mayor Coco, Mr. Blankenship
stated that the figure of $386,100 is based on a 95¢
tax rate. This $386,100 is after the delinquency
factor and the tax rate must be levied to produce the
total revenue required.
Moved by Mack, seconded by L.~ Miller that Ordinance
No. 443 have second reading by title only. Carried
unanimously.
Mayor Coco expressed his objections to passing any
ordinance as an urgency measure, but as~the passage
of this ordinance requires a 4/5%h vote he would
vote in favor of the adopt:ion.
Moved by Mack, seconded by Marsters that Ordinance
No. 443, fixing and determining the amoun~ of revenue
necessary to be raised by taxation and the amount of
revenue necessary to carry on the various departments
of the City for the fiscal year 1969-70~ be passed
and adopted as an urgency measure. Carried by r'~l
call: Ayes: Coco, Mack, Marste~s, L. Miller.
Noes: C. Miller. Absent: None.
3. ORDINANCE NO. 444 first reading
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE TUSTIN CITY CODE RELATIVE TO FEE
SCHEDULE FOR SERVICES AT ANIMAL SHELTER.
Moved by C. Miller, seconded by Mack ~hat Ordinance
No. 444, amending the Tustin City Code relative 5o fee
sc~'~'d~e ~or services at Animal Shelter have first
reading by title only. Carried unanimously.
8/4/69 Pg. 4
4. ORDINANCE NO. 445 - first reading
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM.
Moved by Mack, seconded by C. Miller that Ordinance
No. 445, authorizing an amendment to the contract
~tween the City Council and the Board of Administration
of the California Public Employees' Retirement System,
have first reading by title only. Carried unanimously.
In answer to questioning by Councilman C. Miller,
Mr. Blankenship stated that the full 1/60 plan under
Publi~ Employees Retirement System has a different rate
of retirement benefits. It's very close to the 1/60-1/90
plan, which the City presently has. The 1/60-1/90 plan
was designed to compliment social security. The 1/60
plan provides that a_person retiring at 60 who' has
worked 30 years would retire at ½ pay. The 1/60-1/90
plan would be less than that.
5. RESOLUTION NO. 1015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RESCINDING RESOLUTION
NO. 893, AND ADOPTING COUNCIL POLICY NO. 30-1
RELATIVE TO ESTABLISHMENT OF POLICIES, REGULA-
TIONS, PROCEDURES, AND GUIDELINES FOR THE
DEVELOPMENT OF SERVICE STATIONS.
--- MoVed by Marsters, seconded by C. Miller that Resolution
'NO. 1'0'15 be read by title only. Carried unanimously.
Moved by C. Miller, seconded by Mack that Resolution
No. 1015, rescinding Resolution No. 893, and adopting
Council Policy No. 30-1 relative to development of
service stations, be passed and adopted. Carried
unanimously.
6. RESOLUTION NO. 1016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ANNEXING TO THE CITY OF TUSTIN CERTAIN
UNINHABITED TERRITORY DESCRIBED HEREIN, AND
DESIGNATED "MC FADDEN AND "B" STREET ANNEXATION"
Moved by Mack, seconded by Marsters, that Resolution
No. t016 be read bytitle'only. Carried unanimously.
Moved by Mack, seconded by C. Miller, that Resolution
No. 1016, annexing to the CiEy certain uninhabited
t~rr'iEory designated"McFadden and "B" Street Annexation,
be passed and adopted. Carried by roll call. Ayes:
Coco, Mack, C. Miller, Marsters, L. Miller. Noes:
None. Absent: None
7. EXECUTION OF AGREEMENT WITH TOUPS ENGINEERING
...... AND BARTLE-WELLS ASSOCIATES TO CONDUCT PHASE II
OF AN ENGINEERING AND FINANCIAL STUDY FOR POSSIBLE
ACQUISITION BY THE CITY OF THE TUSTIN WATER WORKS.
Moved by C. Miller, Seconded by L. Miller, that the
Mayor and City Cler~ be authorized to execute an
agreement withi Toups Engineering and Bartie-Wells Associates
to conduct PhaSe II of an-engineering and financial study
for possible acquisition by the City of the Tustin Water
Works and $9,500.00 is budgeted in department 2300 be
authorized for this purpose. Carried unanimously.
~/~/69 i~g. ~
8. CONFIRMATION OF WEED ABATEMENT CHARGES FOR
1968-69.
Moved by C. Miller, seconded by L. Miller, that all
weed abatement charges for the fiscal year 1968-69
as specified, be confirmed.
AP No. Amount AP No. Amount.
62-632-07 $ 41.60 062-272-01 $ 19.00
432-073-01 32.46 062-272-03 21.35
062-033-20 34.05 120-011-08 56.56
062-041-45 23.73 062-272-05 14.62
062-111-01 10.62 062-671-14 30.86
062-111-02 10.62 0~2-671-15 86.28
062-111-03 10.62 062-671-16 14.70
06~-111-04 10.62 432-022-02 146.05
G62-111-05 10.62 432-G22-03 146.05
062-052-21 28.85 062-28C-37 20.54
401-042-01 31.63 062-280-38 24.24
432-073-04 23.87 062-140-49 89.82
120-011-09 61.18 062-071-22 19.90
062-261-17 13.23 014-301-08 29.16
062-261-18 13.24 014-3~!-10 29.16
062-161~01 29.19 062-263-02 22.85
lC3-242-12 26.92 432-073-02 22.'42
062-671-11 24.03 422-073-03 22.08
062-121-01 21.00 103-641-19 25.39
062-162-01 27.57 062-091-09 7.31
062-162-02 27.58 062-091-10 7.31
062-140-68 41.42 062-091-12 18.85
062-021-14 16.85
Motion carried.
Councilman C. Miller asked if weed abatement charges
can be used to clean up property other than weeds.
The property on the triangle by Byran, Main and Newport
as an example.
Mr. Blankenship commented that there is a parallel
procedure for removal of litter. Basically, an
investigation would be required of the property,
then posted, and notice given if work fails to be
accomplished. The Superintendent of Streets posts
the property, and then the owner may appeal and be
heard at a public hearing before the Council. The
only protection is to keep the areas clean and policed
to the pointrwher~ a person gets the idea that Tustin
isn't a dumping-ground.
Mayor Coco asked that the staff take th~s as a matter
of concern and explore the possibility of posting
some of the littered areas. He would like to have a
report on littered parcelsof land by the next Council
meeting and requested ~hat Mr. Blankenship make a study
to verify the adequacy of cost and feasibility of more
frequent postings.
It was also requested that Mr. BlankenShip aler~ the
City staff including the Police and Fire Departments to
report any weed or dumping infractions.
Council Minutes
8/4/69 pg. 6
9. COUNTY SPEED LIMIT STUDY ON BROWNING AVENUE,
IRVINE BOULEVARD AND FIRST STREET
Councilman L. Miller stated that an interdepartmental
letter from the City Engineer indicates that a speed
study was made and regardless of what speeds are posted,
the majority of vehicles checked disregard the speed
limit. The speeds, if approved, should be enforced
to a greater degree.
Mayor Coco stated that traffic on FirsE Street from
the Newport Freeway to Prospect consisently sets this
kind of pattern and the State Traffic Engineers have
taken the attitude that traffic sets its own speed.
Traffic has been setting its own speed higher than post-
ing. Speed rates are set by Council upon recommendation
of the Police Chief. Because of the large number of
driveways and intersections on this stretch of road,
and the narrowness of the street itself this section
is an exception. On Browning Avenue and Irvine Boulevard
the recommendations are very close to traffic speed
as set.
Councilman C. Miller stated that the City without
motorcycle police toenforce speed limits the
problem will exist and he agrees with the Police Chief's
recommendations.
Mr. Blankenship stated that engineering studies alone
are only one factor. There have been problems Created
by the Courts' view as to what is a justifiable speed
at which a person should be cited.
Mr. Rourke stated that many judges feel that you cannot
tell within 5 m.p.h. what a person's speed is.
Councilman L. Miller stated that if the Council sets
a speed limit on First Street from the freeway to
Prospect of over the Police Chief's recommendations,
traffic lights at Yorba Street should be approved.
~ayor Coco stated that therecommended action is that the
recommendations of the staff be adopted. It is, of
course, the Council's prerogative to change any of
these recommendations and then have the City Attorney
draft a City ordinance to account for the Council's
wishes.
Councilman Marsters stated his opinion that Firs~ Street
to Tustin Avenue to Red Hill Avenue should be designated
a 30 m.p.h. zone. As far as Irvlne Boulevard Red Hill
Avenue to Newport Freeway, and Browning Avenue from
Walnut to Nisson should be set, as recommended, a~
35 m.p.h. He felt that 35 m.p.h. between Prospect
and Newport. and the entire length of First Street
should be lowered due to high density use and street
entrances. 30 m.p.h. would be an adequate consistent
speed.
Moved by L. Miller, seconded by Mac~, that the City
Attorney draf~ an ordilnance amending Ordinance No.
371, to indicate Brow~ing Avenue at 35 m,p.h._, from
Walnut Avenue to Niss6n Road, Irvine Boulevard, Red
Hill Avenue to Newpor~ Freeway at 35 m.p.h., First
Street, Tustin Avenue ~to Red Hill Avenue at 30 m?p.h.
Council Minuuc~
8/4/69 pg. 7
Moved by C. Millerr seconded by Councilman Mack, that
motion be amended to leave 25 m.p.h. on First street
between Red Hill Avenue and beginning of residential
zoning. Carried.
A discussion followed regarding traffic hazards at
school crossings and the use of cut-outs, ladder type
striped cross walks and crossing guards. __
Mayor Coco requested that~the press make the public
aware of this problem and requested that the staff
prepare a report for the Council as soon as possible.
10. APPROVAL OF DEMANDS
Moved by Mack, seconded by Marsters, that demands be
approved and paid in the amount of $41,928.24.
Carried.
X.
OTHER
BUSINESS 1. POLICE UNIFORMS
Dan Blankenship r~ported that a survey of Police personnel
has indicated that the preference on the part of Police
personnel is very close, and the Chief feels it. would
be better to take no action at this time rather than
making substantial expenditures.
Mayor Coco felt there should be no action taken at
this time, but that a report be presented to the Council
relative to changes to non-traditional types of uniforms.
2. REIMBURSEMENT FROM THE COMMISSION OF PEACE OFFICERS
STANDARDS AND TRAINING IN THE AMOUNT OF $1,500.95.
Mr. Blankenship reported that this is a program of
reimbursing the City for part of expense and police
officer training.. This check represented training for
Chief Police Sissel, Sergeant Albarian, Sergeant Crane
and Policeman Kovac.
3. MOBILE X-RAY REPORT-ORANGE COUNTY DIVISION-
LEAGUE OF CITIES. Request of League of California
Cities for a response from the Council to this
subject so they know the City's position at the
August 14, 1969, executive meeting.
Mayor Coco asked that since ~he League will want to
take this up at their next meeting, Council members
read the report and have their comments in to Council-
man Mack before Thursday, August 14th.
4.REPORT FROM CITY ADMINISTRATOR ON URBAN POLICY
CONFERENCE submitted.
5. REQUEST OF TUSTIN MEADOWS HOMEOWNERS COMMUNITY
ASSOCIATION FOR PERMISSION TO INSTALL BULLETIN
BOARDS at east and west entrances ~o Centennial
Park.
Moved by C. Miller, seconded by Mack that TustinMeadows
Homeowners Community Association have permission to
install bulletin boards at their east and west entrances
subject to recommendations ~n second paragraph of City
Engineer's letter. Carried.
8/4/69 Pg. 8
RESOLUTION NO. 1017
A RESOLUTION OF THE CITY OF TUSTIN, REGARDING
STATE IMPOSED PROGRAMS FOR LOCAL GOVERNMENT.
Moved by C. Miller, seconded by Mack that Resolution
No. 1017 be read by title only. Carried unanimously.
._ Moved by Mack, seconded by C. Miller that Resolution
No. 1017 regarding state imposed programs for local
government be passed and adopted. Carried unanlmously.
7. FRED WAITMAN, CHAMBER OF COMMERCE MANAGER OF
THE YEAR by the Association of Chamber Commerce
Managers.
The Council congratulated Fir. Waitman on this honor.
8. DRAINAGE DITCH - PROSPECT AND FOURTH
Councilman L. Miller recommended that the staff take
action in resolving the problem of the open drainage
ditch on Prospect Avenue, north of Fourth Street.
9. SIGN ORDINANCE ENFORCEMENT
Councilman L. Miller noted that a public hearing will
be held August 12th for a variance from the sign ordinance
and felt that if some are adhering to the ordinance and
coming before the Commission: for approval that there should
be strict enforcemen~ of the ordinance relative to so
called boot-leg signs.
10. ALTERNATE FOR L. MARSTERS TO TNT COMMITTEE
Councilman L. Miller volunteered to serve as an alternate
to L. Marsters for the TNT Committee. Mayor Coco
directed that his name ~o be submitted to the Committee
for approval.
11. MAYOR COCO PRESENTED THE "WEDDING ALBUM" and
said it will be in the Planning Department for
reference. It will be used primarily by the
Development Preview Committee. Album consists
of color photos of developments that the City
is proud of and would like to see more of.
THE FOLLOWING REPORTS AND CORRESPONDENCE RECEIVED:
1. Letter commending Officer Deiro - G.I. Parrish.
2. Use of State owned land for City Parks Division
of Highways.
3. Resolution regarding Federal Census questionnaires -
City of San Juan Capistrano.
iX. Moved by Mack, seconded by C. Miller that meeting bp
,__ADJOURNMENT ~djourned. Carried.
MAYOR PRO TEM~?6~.-~
CIY~LERK