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HomeMy WebLinkAboutCC MINUTES 1979 09 17 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way September 17, 1979 I. CALL TO ORDER The meeting was called to order by Mayor Schuster at 4:18 P.M. i ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mike Brotemarkle, Community Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk III. PUBLIC CONCERNS None IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - September 4, 1979. 2. APPROVAL OF DEMANDS in the amount of $413,939.59. RATIFICATION OF PAYROLL in the amount of $65,134.05. 3. TRAFFIC SIGNAL MAINTENANCE Authorize an additional appropriation in the amount of $12,600.00 to the Traffic Signal Maintenance account #2910, and authorize Signal Maintenance, Inc., to proceed with said work as recommended by City Engineer. 4. RESOLUTION NO. 79-69 A Resolution of the City Council of the City of Tustin, California, INFORMING THE ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF TUSTIN MASTER PIAN OF ARTERIAL HIGHWAYS Adoption of Resolution No. 79-69 as recommended by Engineering Department. 5. RESOLUTION NO. 79-70 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 78-117 Adoption of Resolution No. 79-70 as recommended by Community Development Department. 6. FOURTH YEAR SB-174 FUNDS APPLICATION Authorize use of this sum for the continued development of Columbus Tustin Park as recommended by Parks and Recreation Director. 7. THE KROGER CO., dba MARKET BASKET, etc. v. COUNTY OF ORANGE, TUSTIN, et al., OCSC #31-75-14 Authorize the defense of the City in this matter by the County Counsel of the County of Orange as recommended by City Attorney. Councilwoman Kennedy asked that Item No. 7 be removed from the Consent Calendar for further discussion. It was moved by Saltarelli, seconded by Sharp, that the Consent Calendar be approved except for Item No. 7. Carried 5-0, with Councilman Welsh abstaining on Item No. 5. ITEM NO. 7 - THE KROGER CO., dba MARKET BASKET, etc. v. COUNTY OF ORANGE, TUSTIN, et al., OCSC #31-75-14 Councilwoman Kennedy questioned what this suit was about. COUNCIL MINUTES page 2, 9-17-79 Attorney Rourke responded that the suit has to do with the interpretation of Proposition 13 as it applies to unsecured personal property. It is just a technical problem and they have to file a claim and a suit against every entity in which they have property that is affected by this problem. It was moved by Kennedy, seconded by Saltarelli, to authorize the defense of the City in this matter by the County Counsel of the County of Orange as recommended by the City Attorney. Carried 5-0. V. ORDINANCES FOR INTRO- DUCTION None VI. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 810 An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATING TO THE ADMINISTRATION OF THE BUSINESS LICENSE TAX It was moved by Saltarelli, seconded by Welsh, that Ordinance No. 810 have second reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 810 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Sharp, seconded by Saltarelli, that Ordinance No. 810 be passed and adopted. Roll Call Vote: AYES: SCHUSTER, SALTARELLI, SHARE, KENNEDY, WELSH NOES: NONE ABSENT: NONE VII. OLD BUSINESS 1. CAL TRANS AESTHETIC COMMITTEE APPOINTMENT It was moved by Saltarelli, seconded bySharp, that this item be continued to the 7:30 P.M. meeting. Carried 5-0. 2. DESIGNATION OF PROCEEDS FROM SIXTH STREET PROPERTY SALE It was moved by Welsh, seconded b~' Kennedy, to conunit the proceeds from the sale of the Sixth Street surplus property to the acquisition or devel- opment of future recreational or cultural facilities and to authorize the General FUnd to recover the actual cost of appraisals and other expenses of the sale. Mayor Schuster wanted the following points understood: 1) The property that was just sold was originally bought by the City; 2) The City bought the ground where the former Youth Center was located and the citizens con- tributed money for the Youth Center building; and 3) The land where the Boys' Club is presently located belongs to the City and has been leased to the Boys' Club for a period of 50 years. The building was built by the Boys' Club and the City gains title to it at the end of the 50 year lease. Councilman Saltarelli was not opposed to a recreational facility for the City of Tustin but was opposed to a Cultural Arts facility Unless the County is willing to contribute equally to it. Councilman Sharp clarified that the CoUncil is declaring its intent but without commitment Until at a future time a public hearing is held to ascer- tain the sentiments of the people. Councilman Welsh said that the Council has a moral commitment that the money be earmarked for recreational purposes. Notion was carried 4-1, Saltarelli opposed. COUNCIL MINUTES Page 3, 9-17-79 VIII. NEW BUSINESS 1. REQUEST FROM SIX STAR CABLEVISION, INC., FOR EXTENSION OF TIME TO OBTAIN ALL PERMITS It was moved by Saltarelli, seconded by Welsh, to approve a 60 day ex- tension for Six Star Cablevision to November 8th but to require a satis- factory progress report by October 8th. Carried 5-0. 2. IMPLEMENTATION OF RETIREE HEALTH PLAN It was moved by Saltarelli, seconded by Welsh, to approve the Retiree Health Plan as recommended by the City Administrator. Councilwoman Kennedy asked if there was a built-in way to increase the rate for this insurance. Dan Blankenship, City Administrator, responded that there was a quarterly evaluation of the rate and it could be adjusted at that time. Councilman Welsh was concerned that the City might be accused of unfair labor practices since we have not received any written concurrence from the employee's associations on this matter. Attorney Rourke responded that he would be drawing up a precise plan and we probably would have response from the associations at that time, how- ever, we cannot force them to respond. The City Administrator explained that Resolutions 78-113 and 78-114, which related to the negotiations with the employee associations, stated that the City would establish provisions for a health plan for retirees. Motion carried 5-0. 3. BIDS ON POLICE DEPARTMENT VEHICLES Councilwoman Kennedy expressed her feelings that the Council should reject these awards of bids entirely because she was concerned about the large size of the automobiles for energy conservation and because they were luxury cars. It was moved by Kennedy~to reject the purchase of these vehicles. The motion was not seconded. Councilman Welsh suggested that staff submit cars more in line with PropositiOn 13 and the energy shortage. It was moved by Welsh, seconded by Sharp, to continue this item to the 7:30 P.M. meetingto hear Chief Thayer's reasons for recommending these vehicles. Carried 5-0. 4. TREE TRIMMING POLICY WITHIN PUBLIC RIGHT-OF-WAY It was moved byWelsh, seconded by Sharp, to authorize the City Staff, by adoption of a minute order, to trim all trees and shrubs located on private property, and which encroach into the public right-of-way, to the following standards: a) Trim to a clear height of 7.0 feet as measured from the sidewalk or paved surface within the area of the parkway as measured from the curbface to the property line; b) Trim to a clear height of 14.5 feet as measured from the street surface within the area of the traveled roadway; and c) Trim as needed to provide visibility to all traffic signal equipment, warning signs and regulatory signs that are located within the public right- of-way. Attorney Rourke pointed out that the City has more than one claim against it because of hazardous conditions from trees to life or limb and from blocking the view of signs or traffic. Bob Ledendecker, City Attorney, reported that the intent of the policy is to trim to a minimum to keep the r~adway clear. He said we have about 12,000 trees that need to be trimmed and we do not have time to make con- tact with each property owner. COUNCIL MINUTES Page 4, 9-17-79 Councilwoman Kennedy suggested that the citizens be notified in the Tustin Today paper that the City must trim the trees and thus give them a chance to trim their own trees. Attorney Rourke advised Council that timing is an important factor. He said that he agreed with telling people about trimming the trees but that there is a case where the City was not even aware of the condition and someone alleged that a branch hit them in the face. Motion carried 5-0. 5. HOUSING ADVISORY COMMITTEE It was moved by Saltarelli, seconded by Welsh, to appoint the following candidates, and such other individuals who have an interest and willingness to serve, to the Citizenws Housing Advisory Committee for the purpose of assisting in the preparation, review, and presentation of the Housing Element of the General Plan: Name Organization Gloria Alm Orange County Housing Authority Hans Pike Oliver The Irvine Company Donald M. Bird Orange County Board of Realty Martina Ackerman Laurelwood Homeowners Bill Colburn Chamber of Commerce Phil Rice Irvine Industrial League (Basic Four) Richard Harlow Building Industry Association Ida Sternberg Tustin Senior Citizens Philip Anderson Tustin Meadows Kathy Weil (alternate) Tustin Meadows Ellen Paulsen Peppertree Homeowners Motion carried 5-0. ADJOURNMENT It was moved by Welsh, seconded by Saltarelli, to adjourn at 5:11 P.M. to the 7:30 P.M. Council meeting. Carried. / MAYOR September 17, 1979 7:30 P.M. I. CALL TO ORDER The meeting was called to order by Mayor Schuster at 7:36 P.M. II. 'ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mike Brotemarkle, Community Development Director Mary E. Wynn, Chief Deputy City Clerk III. PROCLAMA- TIONS A Proclamation declaring October as United Way Month was read by Mayor Schuster and was accepted by John Von Glenn of Family Services Organization. COUNCIL MINUTES Page 5, 9-17-79 A Proclamation declaring Sept. 17 through Sept. 23 as Constitution Week was read by Mayor Schuster and was accepted by Adelia Morrison of the Katuktu Chapter of the Daughters of the American Revolution. IV. RECESS It was moved by Kennedy, seconded by Sharp, to recess to the Planning Agency meeting at 7:43 P.M. Carried 5-0. V. RECONVENED Following the Planning Agency meeting, the City Council reconvened at 9:00 P.M. VI. PUBLIC HEARINGS 1. MORATORIUM OF CONVERSIONS OF APARTMENTS TO CONDOMINIUMS, COMMUNITY APARTMENT PROJECTS, AND STOCK COOPERATIVES Itwas moved by Saltarelli, seconded by Schuster, to include the testimony of the Planning Agency in these records of the City Council. Carried 5-0. The Public Hearing was opened at 9:Q2 P.M. There being no further con~nents or objections, it was moved by Welsh, seconded by Kennedy, to close the Public Hearing and that Ordinance No. 811 have reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 811 by Mary E. Wynn, Chief Deputy City Clerk, it was moved b~ Welsh, seconded by Kennedy, that Ordinance No. 811 be passed and adopted as an urgency ordinance as recom- mended by the Planning Agency. Councilmen Saltarelli and Sharp stated that they would not support con- tinuing the moratorium after the 120 day period. Roll Call Vote: AYES: SCHUSTER, SALTARELLI, SHARP, KENNEDY, WELSH NOES: NONE 2. PUBLIC HEARING ON POSSIBLE ORDINANCE PROHIBITING SALE OR USE OF FIREWORKS Dan Blankenship~ City Administrator, stated that this was a continued hearing from the Sept. 4th Council meeting. He said that the Fire Depart- ment was not able to have a representative present for this meeting. The Public Hearing was opened at 9:18 P.M. The following people spoke in favor of banning fireworks: John V. Sauers, 515 S. Pacific, Tustin Fred A. Clark, 545 Pacific, Tustin Margaret Byrd, 158 N. "B" St., Tustln Agnes Bacon, 140 Mountain View Drive, Tustin The following people spoke in opposition to banning fireworks: Jack Tannenbaum, 13521 Tea House, Santa Ana Harold Rubin, 14691 Pepper Tree Circle, Tustin Greg Kelly, 330 E1 Cainino Real, Tustin Allen Mottershead, 2272 Apple Tree Dr., Tustin Allan Gordon Brown, 535 W. 3rd St., Tustin Robert Leslie Roensch, 12531 Bubbling Well, Santa Aria John H. Stallard, 13362 Winthrope St., Santa Ana The Public Hearing was closed at 9:44 P.M. by Mayor Schuster. Police Chief Thayer stated that he felt fireworks are very dangerous but that there would be a problem of enforcement of the Ordinance. He said the ultimate answer was State wide banning and suggested that we urge other citiesto agree and then pressure for State legislation to ban fireworks. COUNCIL MINUTES Page 6, 9-17~79 Councilman Welsh recormnended that we correspond with the State Legislature and the Board of Supervisors, urging them to address the problem and that we prepare an appropriate resolution to the Orange County League of Cities. It was moved by Sharp, seconded by Welsh, that Ordinance No. 812 have first reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 812 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Sharp, seconded by Saltarelli, that Ordinance No. 812 be introduced and that correspondence be sent to the State Legislature and the Board of Supervisors urging them to address banning fireworks and that an appropriate resolution be prepared for the Orange County League of Cities. Councilwoman Kennedy asked if the Council would consider adding an effective date in order to consider how to enforce the ordinance and also so that groups that sell the fireworks would have time to consider how they will supplement the loss of the income from the fireworks. She felt we did not need to rush into the matter. Councilman Welsh commented that the organizations would have between now and July 4th to prepare for other moneymakers. The Motion carried 4-1, Kennedy opposed. VII. RECESS It was moved by Sharp, seconded by Saltarelli, to recess to the Redevelop- ment Agency at 10:08 P.M. Carried 5-0. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY September 17, 1979 1. The meeting was called to order by Chairman Saltarelli at 10:08 P.M. 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None 3. Approval of Minutes of August 20, 1979 and September 4, 1979 meetings. It was moved by Kennedy, seconded by Sharp, that the minutes of the August 20, 1979 and Septembe~ 4, 1979 meetings be approved. Carried 4-0. 4. FIRST STREET (LARWIN SQUARE) UTILITY UNDERGROUND DISTRICT AGREEMENTS It was moved by Sharp, seconded by Welsh, to authorize the Chairman of the Agency to execute the two subject agreements on behalf of the Redevelopment Agency. Carried 4-0. 5.It was moved b~F Kennedy, seconded by Saltarelli, to adjourn at 10:10 P.M. to the next regular meeting on October 1, 1979. Carried 4-0. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 10:10 P.M. September 17, 1979 I. PUBLIC CONCERNS SIGNING AND RESTRIPING OF RED HILL AVENUE Keith Aaby, 13541 Diamond Head Dr., spoke concerning his previous request for signing and restripihg of Red Hill Avenue. COUNCIL MINUTES Page 7, 9-17-79 Bob Ledendecker, City Engineer, concurred that we do have a serious problem southbound in the A.M. peak hours and northbound in the P.M. peak hours on Red Hill. The restriping has not been done because of the anticipated con- struction work in the area. There has been quite a bit of construction and some 0f the construction that we were hoping to be completed has not taken place. He had gotten plans from one of the utilities to do work and felt it would be best to wait until they have completed their work before restriping the street for three lanes. He said the new controller would not solve the problems on Red Hill but will ease the situation. The solution will be in building more highways in the north and south direction and he hoped the Council, staff and citizens would keep this in mind when we are ready to build a' road and not have a road removed off of the arterial system because it is next to someone's home. WIDENING OF BRYAN AVENUE Richard B. Edgar, 13622 Loretta Drive, asked if we had any updated infor- mation from the County on the widening of Bryan Avenue. Bob Ledendecker, City Engineer, responded that our information is about six months old. The time frame is around 1980 and 1981. II. OLD BUSINESS 1. CAL TRANS AESTHETIC COMMITTEE APPOINTMENT Due to the fact that the screening committee did not have a recommendation for this appointn~nt, it was decided to receive nominations from the Council. Councilman Sharp nominated Richard B. Edgar for the appointment. Councilman Welsh 'nominated John Davis for the appointment. Mayor Schuster moved that nominations be closed. The vote was as follows: In favor of Mr. Edgar: Schuster, Sharp, Saltarelli In favor of Mr. Davis: Kennedy, Welsh Mr. Richard B. Edgar was named to the Cal Trans Aesthetic Advisory Committee. Mayor Schuster commented that all the candidates were very qualified for the position. He recommended that a letter of thanks for their application be sent to Mary Hernandez and John Davis. III. NEW BUSINESS 3. BIDS ON POLICE DEPARTMENT VEHICLES This item was continued from the afternoon meeting. Police Chief Thayer explained that many companies did not submit bids and the four cars recommended for purchase were the low bids. He stated that small cars would not be suitable because at time prisoners are transported which necessitates the need for two officers. Sometimes the cars are used for surveillance and pursuit and the smaller cars cannot keep up. It was moved by Saltarelli, seconded by Sharp, to approve the purchase of the following vehicles: #322F Bill Corwin Ford $6,405.17 #1220F Bill Corwin Ford $6,413.29 #10368 Santa Aria Lincoln Mercury $6,680.12 ~10534 Santa Ana Lincoln Mercury $6,857.14 TOTAL "$26,355.72 Councilwoman Kennedy reaffirmed that she considered all of these vehicles luxury cars and she did not feel they were in line with the taxpayers' wishes. Chief Thayer responded that the 1977 Novas that were bought cost $6,100 stripped down. The motion carried 4-1, Kennedy opposed. COUNCIL MINUTES Page 8, 9-17-79 IV. OTHER BUSINESS SALES TAX REVENUE Dan Blankenship, City Administrator, reported that he had received the first quarter sales tax revenue report from the Finance Director, and if the remaining year continues at the same rate as the first quarter, the City will receive $400,000 over the City's budget estimate~ SANTIAGO MUNICIPAL ADVISORY COUNCIL Dan Blankenship, City Administrator, reported that the Board of Supervisors planned to take up the issue of the Santiago MUnicipal Advisory Council as an off-agenda item Tuesday, and recommended that the Council acquiesce to the presently proposed boundaries but request an election of all appointees in November of 1980. No objection was voiced. LETTER OF COMMENDATION The City Administrator advised that he had received a letter from Karen Dodson, commending Bob Ledendecker for his prompt posting of signs on Bryan Road. EXECUTIVE SESSION The City Attorney requested an Executive Session following this meeting for personnel litigation matters. LEAGUE OF CITIES MEETING Councilman Welsh reported that he and Councilman Sharp would be going to San Francisco for the League of Cities meeting and requested that Council give him any direction they might have on items of concern. HOUSING ADVISORY COMMITTEE CoUncilman Welsh suggested that we have some advertisement in the Tustin News for appointments to the Housing Advisory Committee. TAX ASSESSMENT REPORT Councilman Welsh asked if the tax assessment report had been revised yet. Ed Bushong, Finance Director, responded that he had received a phone call and had been promised that he would receive it soon but had not as yet. COUNCIL MINUTES Councilman Welsh requested that the minutes from the Council meetings reflect the number of people in attendance. COMMENDATION FOR ATTORNEY Councilman Saltarelli commended the City Attorney and his staff for the excellent job of handling the law suit regarding the annexation of Irvine/Peters Canyon. MICROPHONE PROBLEM Councilman Saltarelli said that he was hopeful the microphone problem would be resolved in the near f~ture. RESOLUTION OF COMMENDATION FOR R. KENNETH FLEAGLE It was moved by Sharp, seconded by Welsh, that Resolution NO. 79-68 COMMENDING AND EXPRESSING APPRECIATION TO DR. R. KENNETH FLEAGLE FOR HIS CONTRIBUTIONS AND SERVICES GIVEN TO THE CITY OF TUSTIN be passed and adopted. Carried 5-0. COUNCIL MINUTES Page 9, 9~17-79 NOMINATION FOR HOUSING ADVISORY COMMITTEE Mayor Schuster advised that he had received the name of Peer Swan of Laurelwood Homes for nomination to the Housing Advisory Committee. It was moved by Kennedy, seconded by Welsh, that Peer Swan be designated as an alternate for Laurelwood Homeowners Association on the Housing Advisory Committee. Carried 5-0. ..~V. ~ ~ ADJOURNMENT It was moved by Welsh, seconded by Kennedy, to adjourn at 11:04 P.M. to ~ an Executive Session and thence to the October 1, 1979 regular meeting. '~ Carried. MAYOR